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(영문) 서울중앙지방법원 2014.10.17 2013가단5124858
손해배상(기)
Text

1. The Defendants: (a) KRW 40,000,000 for each Plaintiff; and (b) 5% per annum from June 10, 2013 to October 17, 2014; and (c)

Reasons

1. Basic facts

A. On May 2, 201, the Plaintiff entered into a real estate lease agreement (hereinafter “instant agreement”) with the broker of Defendant B, who operates the C Licensed Real Estate Agent Office, with respect to KRW 100 million in lease deposit for the second floor and the second floor of the building of the 4th class neighborhood living facilities (hereinafter “instant officetel”) in Gwanak-gu, Seoul (hereinafter “instant building”), which is owned by the Plaintiff, regarding the instant building of the 2nd floor (hereinafter “instant officetel”), and the lease period from June 10, 201 to June 9, 2013.

B. The Seoul Gwanak-gu Office requested a public auction to the Korea Asset Management Corporation on the instant building and site on the ground that D was in arrears with property tax (building) of KRW 71,123,700. The Korea Asset Management Corporation, on July 3, 2013, entered the public auction notification in the register and conducted the public auction procedure on July 3, 2013, but on September 5, 2013 (minimum bidding price of KRW 1,307,972,00) and on September 12, 2013 (minimum bidding price of KRW 1,177,175,000). The date of the public auction was revoked and the public auction procedure was revoked on the 26th of the same month.

C. In addition to the above public sale procedure, the F real estate rental auction case of the Seoul Central District Court applied for by the Geumcheon Credit Union (hereinafter “Ycheon Credit Union”) with respect to the instant building and site was under way. The F real estate rental auction case of the Seoul Central District Court (minimum sale price 1,316,504,050) and the same year as of August 12, 2014.

9. 16. (Minimum Sale Price of KRW 1,053,203,00) Date was not less than the minimum sale price, and the third sale date was scheduled on October 21 of the same year (Minimum Sale Price of KRW 842,562,00).

On June 10, 2011, the Plaintiff moved into the instant officetel with a move-in report and a fixed date after paying any balance to D on June 10, 201. After the expiration of the instant contract, the Plaintiff demanded D to return the deposit for lease on a deposit basis, but not until now.

E. Defendant B’s Korea Licensed Real Estate Agent Association (hereinafter “Defendant Association”) and September 27, 2010.

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