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(영문) 서울남부지방법원 2017.10.19 2017나51110
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the Defendants falling under the amount ordered to be paid below.

Reasons

. Defendant Korea Licensed Real Estate Agent Association is a mutual aid business entity, each of which will cover the liability of Defendant C and D to compensate for property damage caused to the parties to the transaction by intention or negligence while acting as a broker of the above leased real estate within the limit of KRW 100 million.

B. On April 28, 2014, the Plaintiff entered into a lease agreement between Defendant C’s office and B with respect to the instant officetel from May 30, 2014 to May 29, 2016; the lease term of the instant officetel; the lease term of KRW 200 million from May 30, 2014 to May 29, 2016; and the lease term of KRW 200 million from the contract term to the contract term of KRW 80 million from May 26, 2014; and the remainder of KRW 100 million from May 30, 2014 (hereinafter “instant lease agreement”); and entered into a lease agreement with the following special agreement:

(hereinafter “instant Special Agreement”). *B entered into a sales contract between the present owner of the instant officetel and the present owner of the instant officetel ( April 21, 2014) and B shall be fully responsible until the remainder and shall not be fulfilled, if any, compensate for the non-performance.

*B does not establish any additional loan and limited real right.

* The registration of creation of a collateral (103,200,000 won for the maximum amount of the credit, one bank for the mortgagee, and one debtor I) will be cancelled at the time of intermediate payment on the basis of the full registration certificate.

* Deposit and Balance Deposit Account Bank Deposit Account B J

C. Under the instant lease agreement, the Plaintiff paid the down payment of KRW 20 million to B, the intermediate payment of KRW 80 million, and the intermediate payment of KRW 15 million on May 29, 2014, which is the day before the remainder payment date, respectively, and paid KRW 85 million on the remainder payment date. On the same day, the Plaintiff transferred the resident registration and obtained a fixed date.

B On May 27, 2014, the instant officetel completed the registration of ownership transfer, and at the same time cancelled the right to collateral under the name of Han Bank, as stipulated in the special agreement. However, regarding the instant officetel on the same day, unlike the said special agreement, the mortgagee of the right to collateral security, 2-dong Saemaul Depository, the debtor, and the maximum amount of debt shall be 149.

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