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(영문) 전주지방법원 2018.07.06 2017나13505
손해배상(기)
Text

1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

Reasons

1. Basic facts

A. Defendant B is the trade name of “D Licensed Real Estate Agent Office,” and Defendant C is a person operating each licensed real estate agent’s office under the trade name of “E Licensed Real Estate Agent Office,” and the Plaintiff and the designated parties are co-inheritors with the networkF’s children.

B. On January 4, 2014, under the brokerage of Defendant C, a licensed real estate agent, Defendant B, as the agent of G, leased KRW 102 (hereinafter “instant real estate”) among the multi-household housing located in Seo-jin-gu Seoul Special Metropolitan City H (hereinafter “instant real estate”), KRW 30 million, and the term of lease from January 4, 2014 to January 3, 2016 (hereinafter “instant lease agreement”), and paid KRW 30 million to G on the date of the contract.

On January 13, 2014, the Plaintiff filed a move-in report and received a fixed date.

C. At the time of the conclusion of the instant lease agreement, the instant real estate was set up a collateral of KRW 156 million with the maximum debt amount under the name of the former Agricultural Cooperative Co., Ltd. (hereinafter “former Agricultural Cooperative”), which jointly held as security the entire building of the said multi-household building (the fourth floor, 11 household, hereinafter “instant building”), including the instant real estate.

At the time of the conclusion of the instant lease agreement, the Defendants notified the Plaintiff of the right to collateral security in the name of the said former Agricultural Cooperative, which was established on behalf of the networkF, and entered them in the column for the matters regarding rights other than ownership in the items of rights other than ownership in the description of confirmation and description of the object of intermediation. However, the Defendants did not verify and explain matters concerning the amount of lease deposit, time and completion period of lease, etc. of other tenants residing in the instant building at the time of the instant lease agreement, and did not state them in the column for the matters regarding the right of the object of intermediation

E. Since October 15, 2014, G sold the entire building of this case including the instant real estate to I, and on October 30, 2014, G sold the entire building of this case under the name of I.

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