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(영문) 서울중앙지방법원 2015.08.13 2014가단5280427
손해배상(기)
Text

1. The Defendants jointly share KRW 12,000,000 to the Plaintiff and Defendant B with respect thereto from June 20, 2014.

Reasons

1. Basic facts

A. On August 11, 2012, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with C to lease the first floor (hereinafter “instant house”) of the apartment building in Songpa-gu Seoul Metropolitan Government D ground (hereinafter “instant building”) by setting the deposit amount of KRW 5,00,000, and the term of lease from September 24, 2012 to September 23, 2014 (hereinafter “instant lease agreement”).

B. Defendant B, a real estate broker operating the “F Licensed Real Estate Agent Office” in Songpa-gu Seoul, as a broker for the instant lease agreement between the Plaintiff and C.

C. The Plaintiff paid 55,00,000 won to C in full, and completed the move-in report on the same day on September 21, 2012 and received the fixed date in the instant lease agreement.

At the time of the conclusion of the instant lease agreement, other than the Plaintiff, the following housing tenants were occupied in the instant building. As such, the sum of the lease deposit for the lessee of the instant building, who had preferential right to payment prior to the Plaintiff, was KRW 420,000,000.

Postal No. 1301 G 70,000,000 for the fixed date of the lease deposit for the lessee of a leased household on the date of the original contract date of 1301 G 70,000 on April 15, 2012, H 140,000,000 on May 15, 2012 and I 150,000,000,000 on June 4, 2012, 200 on July 13, 2012 (J 60,000,000,000,000 on August 430, 2012, 200, as of August 15, 2012.

On the other hand, with respect to the site of the building of this case at the time of conclusion of the instant lease agreement, ① A bank of single-mortgage, the maximum debt amount of 384,00,000,000 won, ② the registration of establishment of a mortgage (the establishment of a mortgage on March 14, 2008), ② the mortgage holder K-mortgage, the maximum debt amount of 38,00,000,000 won, and the registration of establishment of a mortgage (the establishment of a mortgage on March 18, 2009), ③ the mortgage holder K-mortgage, the maximum debt amount of 23,00,000,000 won, and the registration of establishment of a mortgage (the registration of establishment of a mortgage on March 30, 200), the debtor C-mortgage, and ④ the

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