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(영문) 서울중앙지방법원 2019.05.09 2018가단5144062

공제금 등 청구의 소

Text

1. The Defendant: (a) KRW 30,000,000 for the Plaintiff and 5% per annum from September 12, 2018 to May 9, 2019; and (b) the Plaintiff.

Reasons

1. Basic facts

A. (1) Around October 2, 2014, the Defendant’s Intervenor C (trade name; D Licensed Real Estate Agent’s Office, location; macroscop E-si F, G) entered into a license guarantee insurance contract with the Defendant by setting the insurance period from October 2, 2014 to October 1, 2015, to guarantee real estate brokers’ business guarantee bonds under the Licensed Real Estate Agent Act.

(2) On December 24, 2014, the Defendant and C concluded a modified contract that changes the contractor’s name, firm name (the change to H Licensed Real Estate Agent Office) and location (the change to F of the building I in a large city) under the said initial contract.

B. (1) On May 21, 2015, the Plaintiff entered part of the first floor of the multi-family house entered in the separate sheet as the broker of the above C, as Class II neighborhood living facilities, but the status of illegal use changed was used as a multi-family house.

The term of lease was set from May 26, 2015 to May 26, 2016, and the deposit was set as KRW 50 million between J and the owner of the said multi-family house (hereinafter “multi-family house”).

(2) Accordingly, on May 26, 2015, the Plaintiff paid the aforementioned deposit to the J and moved into the same day, and completed the move-in report on the same day, and the same year.

6.3. The fixed date of the lease contract was obtained;

(3) Before the Plaintiff entered into the instant lease agreement, the instant multi-family house had already been the maximum debt amount of KRW 260 million and KRW 65 million with respect to the registration of creation of a neighboring mortgage under the name of the L association, and KRW 65 million.

H. 2 cases in question were transferred to M on June 23, 2017.

(B) The registration for the establishment of chonsegwon in the name of both parties (right of lease on a deposit basis) and N (right of lease on a deposit basis), the registration for the establishment of chonsegwon in the name of P (right of lease on a deposit basis) and the registration for the establishment of chonsegwon in P (right of lease on a deposit basis).

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