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(영문) 인천지방법원 2016.05.18 2014가단53607
손해배상등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The plaintiff's assertion

A. On July 27, 2012, the Plaintiff, upon introduction by Defendant B, a real estate broker, leased the lease deposit amount of KRW 70 million and the lease deposit amount of KRW 4,00,000 from August 6, 2012 to August 5, 2014, and paid the full amount of the lease deposit to C.

(hereinafter “instant lease agreement”). B.

Defendant B did not notify the Plaintiff of the following, despite the establishment of a large number of collateral security rights on the land size D 7045 square meters in Incheon Spojin-gun, Incheon, where the instant building is located, but did not notify the Plaintiff thereof, and by deceiving the Plaintiff to enter into the instant lease agreement by deceiving the Plaintiff by stating the Plaintiff as “No. 50 million won establishment” in the column of rights other than ownership of the land in the description of confirmation and description of object of brokerage.

On February 1, 201, 201, the maximum debt amount of the mortgagee-mortgage debtor, who was established on February 1, 201, Namcheon Agricultural Cooperatives E 650,000,000, Namcheon-do Agricultural CooperativeF 650,000,000 on February 1, 2011, Namcheon-do Agricultural Cooperative G 234,000,000 on February 1, 201, Namcheon-do Agricultural Cooperative G 286,000,000 on February 1, 201, Namcheon-do Agricultural Cooperative H286,000,000 on August 16, 201.

C. In addition, on July 27, 2012, the contracting party, registered the instant building as E in the building ledger as the owner, and even though the instant building was not owned by C at the beginning, Defendant B mediated the instant lease contract with C.

On July 15, 2013, the procedure for the auction of real estate by the JJ of this Court for the maintenance of D, 7045 square meters, etc. of the Incheon Cheongjin-gun, Incheon, where the instant building was located, was in progress. The Plaintiff, who did not conclude a lease agreement with the owner of the instant building, was unable to recover the lease deposit at

E. As above, Defendant B did not perform its duty of confirmation and explanation on the instant building, which is an object of brokerage, as a broker, and was established on the land D.

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