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(영문) 창원지방법원 2019.11.07 2019가단111724
손해배상(기)
Text

1. The Defendants jointly share KRW 30,606,672 with the Plaintiff and Defendant C with respect thereto from July 21, 2017 to September 24, 2019.

Reasons

1. Basic facts

A. 1) The Plaintiff is a broker of Defendant C, a licensed real estate agent conducting real estate brokerage business under the trade name of “E Licensed Real Estate Agent Office”, and on February 14, 2013, the multi-family house on the third floor above the FF in Kimhae-si (hereinafter “instant multi-family house”).

G as the owner of the instant house and H of the instant multi-family house (hereinafter “instant house”).

(2) As to the lease deposit, a lease agreement between March 4, 2013 and March 3, 2015 (hereinafter “instant lease agreement”) between March 4, 2013 and March 3, 2015 and KRW 50,000 (hereinafter “instant lease agreement”).

(B) The Plaintiff entered into the instant lease agreement and paid KRW 70 million to G (the Plaintiff completed the move-in report to the instant house on February 14, 2013, and received the fixed date on the instant lease agreement;

The above lease deposit (hereinafter referred to as "lease deposit of this case") shall be the lease deposit of this case.

(2) At the time of concluding the instant lease agreement, Defendant C explained that the instant multi-family house had priority over the maximum debt amount of KRW 260 million and KRW 284 million, including the maximum debt amount of KRW 24 million and KRW 200 million, and provided the Plaintiff with the statement “matters of rights other than ownership” in the “matters of rights other than ownership” in the description confirming and explaining the object of brokerage, stating “the maximum debt amount of KRW 284,00,000 and the association of the mortgagee I,” but the current status and legal relationship of the lessee who resides in the instant multi-family house was believed to the effect that “the lessee of the instant multi-family house pays only monthly rent without the deposit,” and did not provide the Plaintiff with a proper explanation. The Plaintiff’s confirmation and explanatory statement on the object of brokerage is also the column for “the matters of rights regarding the actual relation of rights or the matters of rights that have not been publicly notified.”

3) At the time of entering into the instant lease agreement, the instant multi-family house is the sum of the maximum debt amount of KRW 284 million and the association of persons holding the right to collateral security (hereinafter “I”).

) The senior mortgage (hereinafter referred to as the "mortgage") is the first priority.

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