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(영문) 울산지방법원 2018.10.24 2017가단62268
손해배상(기)
Text

1. The Plaintiff:

A. Defendant B and Defendant C jointly share KRW 100,000,000 and those related thereto from August 30, 2015 to August 31, 2017.

Reasons

1. Facts of recognition;

A. On May 30, 2012, Defendant C completed the registration of initial ownership with respect to the instant multi-family house (hereinafter “instant multi-family house”) with the fourth floor of the concrete roof (18.06 square meters of the first floor, 221.51 square meters of the second floor, 221.51 square meters of the third floor, 221.51 square meters of the third floor, 160.8 square meters of the fourth floor, hereinafter “instant multi-family house”).

Defendant D is a broker engaging in real estate brokerage business under the trade name of “F Licensed Real Estate Agent Office,” and Defendant Korea Licensed Real Estate Agent Association is a mutual aid business entity that entered into a mutual aid agreement between Defendant D and a licensed real estate agent, which covers liability for damages arising from Defendant D’s brokerage (hereinafter “instant mutual aid agreement”).

B. On April 28, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant C, lessee, with the lessor as to the 305 square meters (66.12 square meters) of the instant multi-family house among the instant multi-family houses as a broker by setting the lease agreement between April 30, 2014 to April 29, 2016 (hereinafter “instant lease agreement”). The Plaintiff paid the lessor KRW 20 million on the same day as the lease deposit and KRW 10 million on April 29, 2014, and obtained the fixed date in the instant lease agreement on April 30, 201.

C. Before the date of entering into the instant lease agreement, regarding the instant multi-family house, the right to collateral security was set up on May 30, 2012, with the maximum debt amount of KRW 871,00,000 (the maximum debt amount of November 27, 2013 changed to KRW 780,000,000) that the mortgagee of the instant multi-family house as the deaf Saemaul Community Depository.

In addition, on March 12, 2012, the right to collateral security was established on March 12, 2012, the maximum amount of debt amount of KRW 95,000,000, which is the mortgagee of the right to collateral security (hereinafter “G land”).

I is a lessee of the instant multi-family house on September 22, 2014, with respect to the instant multi-family house and G land, which is the relevant site, in order to receive a refund of the deposit for lease.

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