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(영문) 대구고등법원 2015.04.14 2014나4287
손해배상(기)
Text

1. All appeals filed by the plaintiffs and the defendants are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. Basic facts

A. (1) On July 17, 2012, Plaintiff A entered into each of the following lease agreements: (a) the first-class multi-family house of the fourth floor of the building in Daegu-gu G ground (hereinafter “instant building”) between F and F acting as a broker of Defendant C on July 17, 2012.

As to 205, a lease agreement was concluded between KRW 72 million, monthly rent, KRW 80,000, and the period from August 3, 2012 to August 2, 2014 with respect to 205. 2) On October 4, 2012, H who represented the Plaintiff B concluded a lease agreement between Defendant D’s broker and E with respect to 103 out of the instant building, between KRW 80 million, monthly rent, KRW 50,000,000, and period from October 31, 2012 to October 30, 2014.

B. On June 20, 2012, regarding the instant building, a voluntary auction of the instant building was established with the maximum debt amount of KRW 5772 million in the name of the Han-gu Saemaul Depository, a mortgagee of the right to collateral security on June 20, 2012. On May 20, 2013, the Daegu Saemaul Depository filed an application for voluntary auction with the Daegu District Court, and on May 21, 2013, the decision to commence voluntary auction was rendered to the Daegu District Court I on May 21, 2013 (hereinafter the above auction was referred to as the “instant auction”).

(1) From 20,00 won on May 31, 2013 to 101 J 101 4, 200,000 won on the date of the transfer of the leased portion, 200 won on May 31, 2013, 200 KRW 35 million on December 3, 2012, Plaintiff B 103 8,000 won on December 3, 2012, 200 KRW 1058,00 on October 4, 2012, 200 KRW 20,000 on August 27, 2012, 200 KRW 208,00 on July 6, 2012, Plaintiff 200 KRW 2014,500 on July 6, 2012.

3. As a result of appraisal at the auction of this case, the value of the building and land of this case shall be 799,327.

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