beta
Text
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On September 23, 2015, the Plaintiff entered into a lease agreement with C and D on the lease deposit of KRW 100,000,000, monthly rent of KRW 2,000,000, and the lease term of KRW 2,000,000, and the lease term of KRW 2 years from October 30, 2015 (hereinafter “instant lease agreement”). Defendant B arranged the said lease agreement as a licensed real estate agent.
B. The instant apartment is an apartment that completed the registration of ownership transfer on March 29, 2012. On the same day, C and D respectively set the right to collateral security of KRW 764,160,000, the maximum debt amount of KRW 764,160,000, the debtor C and the creditor C, the debtor C and the creditor-based mutual savings bank interested in the creditor-mortgage Co., Ltd. for the same day, and the right to collateral security of KRW 206,70,000, the maximum debt amount of which are the debtor C, the mortgagee, the F, the maximum debt amount of KRW 70,000,00.
C. The Plaintiff, C, and D stipulated the following special terms in the instant lease agreement:
2. The establishment of a right to collateral security - The debtor C, the mortgagee C, the Hy-mortgage Co., Ltd., and the maximum debt amount of 206,700,000 won, the debtor C, the mortgagee C, and the interesting mutual savings bank, the mortgagee C, and the mortgagee Co., Ltd., the right to collateral security shall not be additionally extended until the lease is completed.
c. 3. Establishment of the right to collateral security - the maximum debt amount of KRW 70,00,000, the debtor C, the mortgagee F, and the registration cancellation from November 30, 2015 to December 30, 2015.
In addition, Defendant B was above B.
A confirmation and explanatory note of the object of brokerage in which the right to create the right to collateral security was stated was prepared and delivered to the plaintiff.
The Plaintiff was handed over the instant apartment on October 30, 2015.
However, on August 22, 2016, the auction of real estate was commenced for the apartment of this case (Seoul District Court Dong Branch Branch G), and the Plaintiff received dividends of KRW 51,847,222 as the dividend holder in the auction procedure.
(e) the defendant.