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(영문) 서울중앙지방법원 2019.05.30 2017가단5026433
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Nonparty C newly constructed a 4-story building on the ground (1st floor neighborhood living facilities 36.54 square meters, 2nd floor multi-family houses 184.79 square meters, 184.79 square meters, 159.59 square meters, and 4nd floor multi-family houses 159.59 square meters) on the ground (hereinafter “instant building”) outside Chungcheongnam-si, Chungcheongnam-si and completed registration of initial ownership on April 26, 201.

The building of this case includes 15 residential multi-family houses.

B. On April 6, 2011, the Plaintiff responded to the site of the instant building in an unregistered state that was not completed at the time as a broker of Nonparty F, a licensed real estate agent, and thereafter, paid C the lease deposit amount of KRW 63,000,000 for the lease period from May 7, 201 to May 6, 2013, and the lease deposit amount of KRW 63,000 to KRW 63,00,000 for the lease deposit.

C. F confirmed the Plaintiff, who was holding the current status of the existing tenants at the time of the above site, as the “PPP”. However, in the confirmation and explanatory note of the instant multi-family house that was prepared and delivered on April 6, 201, the F indicated the confirmation explanation as the data for confirmation, the certified copy of the register, and the indication of the object, as the “unregistered” in the description of the object, and in the description of the right to the instant multi-family house, three mortgage exist as to the instant multi-family house. However, in the description of the right to the instant multi-family house, three claims for maximum debt amounting to 650,000,000, the column of the actual relation of rights

The Plaintiff received the transfer of the instant multi-family house on May 9, 201 and completed the move-in report and received the fixed date on the same day.

However, on March 29, 2012, the term of the instant lease contract, the Plaintiff filed a move-in report to move from the instant multi-family house to H and I in Kimpo-si.

E. On September 12, 2013, the Plaintiff was from the ASEAN District Court of the Daejeon District Court.

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