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(영문) 대구지방법원 2015.12.17 2015나12350
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. On May 21, 2014, the Plaintiff, a licensed real estate agent, leased the lease deposit of KRW 60,000,000,000, monthly rent, KRW 4,500,000, and KRW 10,000 from July 1, 2014 to March 1, 2016, the said lease deposit was agreed to pay the remainder of KRW 50,000,000 on the date of the contract (hereinafter “instant lease”) and the ground warehouse (hereinafter “instant warehouse”). The Plaintiff paid KRW 10,00,000 on July 1, 2014 to C, respectively (hereinafter “instant lease”).

B. At the time of the conclusion of the instant lease agreement, the registration of the establishment of a neighboring mortgage consisting of ① 2,00,000,000 won with the maximum debt amount as of November 3, 2010; ② the registration of the establishment of a mortgage consisting of the debtor C and Daegu Bank Co., Ltd. as of February 10, 201; ② the registration of the establishment of a neighboring mortgage consisting of the debtor C and the mortgagee C; ③ the registration of the establishment of a mortgage consisting of the debtor C and the mortgagee E; ③ the registration of the establishment of a mortgage consisting of the maximum debt amount as of March 29, 2012; ④ the registration of the establishment of a mortgage consisting of the debtor C and the mortgagee C, and ④ the registration of the establishment of a mortgage consisting of the debtor C and the mortgagee G as of November 1, 2012, respectively; ③ the above registration was completed as of the warehouse

【Fact-finding without a dispute over the basis of recognition】 Facts-finding, Gap evidence 1, 7, 9-1 and 2, the purport of the whole pleadings

2. Plaintiff’s assertion and judgment

A. At the time of the conclusion of the instant lease agreement, the Defendant, a licensed real estate agent, explained that two mortgages have been established as to the instant land and warehouse, which are the subject matter of lease, and that the sum of the maximum debt amount is KRW 2,300,000,00. The Plaintiff believed that the instant lease agreement was concluded, and subsequently confirmed the copy of the register of the instant land and warehouse, the two mortgages, other than those explained by the Defendant, are added.

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