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(영문) 서울중앙지방법원 2014.04.04 2013가합52306
손해배상
Text

1. Defendant B and C shall pay 123,106,975 won to each Plaintiff and 20% per annum from July 20, 2013 to the day of complete payment.

Reasons

1. Basic facts

A. On February 8, 2011, the Plaintiff: (a) between D and D on February 8, 2011, and (b) between D, Seocho-gu Seoul Metropolitan Government E building 1 and 401 (hereinafter “instant building”); (c) the entire lease period is the same.

3. From March 2, 2013 to March 2, 2013, lease deposit amounting to KRW 500,000,000 shall be leased, and KRW 50,000,000 among the lease deposit shall be the date of concluding a contract, intermediate payment of KRW 100,00,000 among the lease deposit;

2. The balance of 28.2, 350,000,000 won for the same year; and

3.3. Each of the terms of the instant lease agreements was concluded (hereinafter “instant lease agreement”).

B. At the time of the conclusion of the instant lease agreement, the registration of creation of a neighboring mortgage on September 29, 2006, which was the maximum debt amount of KRW 300,000,000, the debtor D and the National Federation of Fisheries Cooperatives (hereinafter “registration of the first neighboring mortgage”) and the maximum debt amount of KRW 130,00,000, the debtor D and the mortgagee of the instant building on November 5, 2010 (hereinafter “registration of the second neighboring mortgage”).

C. The Plaintiff and D agreed to pay KRW 100,00,000 for intermediate payment out of the lease deposit to D, and at the same time D’s cancellation of the registration of the instant collateral security, the principal amount of KRW 50,000,000 out of the secured debt of the registration of the instant collateral security was paid until June 30, 201.

D In accordance with the instant lease agreement, on February 28, 201, the registration of the second collateral mortgage was cancelled in accordance with the instant lease agreement.

E. On December 6, 2012, upon the application of the National Federation of Fisheries Cooperatives, the person who is the right to collateral security had commenced the auction procedure for the instant building, G with the Seoul Central District Court G on December 6, 2012. On November 22, 2013, the Plaintiff received dividends of KRW 376,893,025 out of the lease deposit under the instant lease agreement.

F. Defendant B is a licensed real estate agent operating the H Licensed Real Estate Agent Office, and Defendant C, as a broker assistant of Defendant B, mediated the conclusion of the instant lease agreement, and Defendant B at the time of such brokerage.

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