logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2020.08.20 2019나60575
손해배상(기)
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. On August 9, 2017, the Plaintiff, a practicing licensed real estate agent, concluded a lease agreement with the lessor, setting the lease deposit amount of KRW 200 million and the lease deposit amount of KRW 200 million, from August 18, 2017 to August 17, 2019, with the content that the Plaintiff leases the instant apartment F (hereinafter referred to as “instant apartment”).

(hereinafter “instant lease agreement”). The relevant contents of the instant lease agreement are as follows.

Deposit KRW 200 million shall be paid at the time of the contract and the intermediate payment of KRW 80 million shall be paid on August 16, 2017.

Any balance of KRW 100 million shall be paid on August 18, 2017.

[Matters of Special Agreement]

3. The maximum debt amount of seven cases of creation of a collateral security (2,043,600,000 won, gold 210,000,000 won, no. 30528,000 on November 17, 2016, and H Association/306,000,000 on May 29, 2017, the I Joint Security List of the Association No. 13130 on May 29, 2017 et al., No. 2017-72, et al., 5) shall be cancelled on the lessor’s responsibility until the remainder of the debt.

4. The lessor shall serve as the cooperation key for the lease-backed loan of the lessee;

5.The down payment, intermediate payment and remainder shall be deposited into the lessor’s account (JJKB).

B. On August 15, 2017, the Plaintiff deposited the intermediate payment of KRW 50 million, KRW 40 million on August 16, 2017, and KRW 90 million on August 18, 2017, into the JUnion’s account in the name of B, but B did not cancel the registration of the establishment of the neighboring collective housing established on the instant apartment until August 18, 2017.

C. Meanwhile, G, the existing tenant of the apartment of this case, leased the apartment of this case from B to 220 million won as lease deposit.

However, even after receiving the lease deposit from the Plaintiff, G refused to deliver the instant apartment, as G did not refund the lease deposit to G, and the Plaintiff was unable to receive the instant apartment.

The defendant D Association (hereinafter referred to as the "Defendant Association") shall carry on the property of the parties to the transaction by intention or negligence while the mutual-aid subscribers, who are real estate brokers, engage in real estate brokerage.

arrow