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(영문) 인천지방법원 2020.10.21 2019나71465
손해배상(기)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. Basic facts

A. On October 11, 2013, the Plaintiff entered into a lease agreement with C, a licensed real estate agent, for the lease deposit amounting to KRW 22,00,000, and for the lease deposit amounting to October 13, 2013 to KRW 22,00,00 with respect to the title of the instant building G, and the lease deposit amounting to KRW 22,00,000,00 with respect to the lease deposit for the instant building located on the land of the Nam-gu Incheon Metropolitan City (hereinafter “instant land”). The Plaintiff paid KRW 22,00,000 to F.

B. The Defendant entered into a mutual aid agreement with C to assume responsibility within the scope of KRW 100,000,000 where the Defendant is liable for damages related to the brokerage act.

C. The instant land and the instant building, as the mortgagee of H, G, I, J, K, L, M, and N, and P applied for the auction of real estate to Q of the Incheon District Court regarding each of the instant real estate, and the said court rendered a voluntary decision to commence the auction on September 19, 2014.

(hereinafter referred to as “instant auction procedure”). D.

In the auction procedure of this case, the Plaintiff prepared a distribution schedule that received dividends of KRW 13,200,000 from the building of this case and KRW 8,800,000 from the land of this case as a small lessee.

O and P filed a lawsuit of demurrer against the Plaintiff, and as a result, the judgment was rendered to correct the distribution schedule of KRW 8,800,000 against the Plaintiff on the ground that “Inasmuch as the instant building was newly constructed after the establishment of a collateral security right on the instant land, the Plaintiff cannot be preferentially reimbursed for the proceeds from the sale of the instant land.”

[Ground of recognition] Unsatisfy, entry in Gap evidence 3 through 8 (including various numbers for those with additional numbers), the purport of the whole pleadings

2. Determination

A. The gist of the Plaintiff’s assertion ① The Plaintiff, who arranged the instant lease agreement, is the instant case.

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