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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. On January 2013, the Plaintiff was introduced by the Defendant, a licensed real estate agent, of Ulsan-gu 306 Dong 1101 (hereinafter “instant apartment”).
However, at the time of the instant apartment, the right to collateral security of KRW 123,50,000,000 for the maximum debt amount and KRW 13,500,000,000,000 for the claim against the Saemaul Depository as the mortgagee was established respectively. However, the Plaintiff asked about this issue. The Defendant, as the actual secured debt amount of each of the above right to collateral security, is KRW 1,50,000,000,000,000,000,0000,000,000,000,000,000,000,000,000 won as the amount, if the Plaintiff
B. On January 21, 2013, the Plaintiff entered into a real estate lease agreement with the Saemaul Bank’s cancellation of each of the above collateral security (hereinafter “instant agreement”) upon the Defendant’s brokerage, with respect to C and the instant apartment as KRW 125 million (contract deposit amounting to KRW 20 million) and the lease period from March 18, 2013 to March 17, 2015. At the same time, C received the remainder of the lease deposit from the Plaintiff, and at the same time received the payment from the Plaintiff, C paid the remainder of the lease deposit to C an additional amount of KRW 19 million on the same day.
C. However, C borrowed money from E prior to the delivery date under the instant contract, and offered to E as security the right to collateral each of the maximum debt amount of KRW 15 million with respect to the instant apartment on February 21, 2013, and KRW 7.5 million with respect to the instant apartment on February 25, 2013.
E filed an application for voluntary auction on the instant apartment based on one’s own right to collateral security, and on November 27, 2013, the instant apartment was sold to F. The Plaintiff received dividends of KRW 278,638 in the said auction procedure.
[Ground of recognition] Unsatisfy, Gap evidence 1 through 4, Eul evidence 1, and witness G of the first instance court.