임대차보증금
Defendant B shall pay 48,00,000 won to the Plaintiff and 12% per annum from September 16, 2020 to the day of complete payment.
1. Facts of recognition;
A. On April 26, 2018, the Plaintiff entered into a lease agreement with Defendant C, a licensed real estate agent, under which part of the deposit for the first floor is set at KRW 75,00,000, and the period from April 30, 2018 to April 30, 2020 (hereinafter “instant lease agreement”).
B. Major terms and conditions of the instant lease agreement are as follows.
The establishment of a right to collateral security (the maximum debt amount of KRW 120,000 - the mortgagee F) (the maximum debt amount of KRW 120,000) is set at the maximum debt amount of KRW 195,00,000 (the debt amount of KRW 120,000 shall be confirmed as KRW 1,00,000,000 and the lessor shall be confirmed as the cycle of confirming the balance of the loan of the E-Union on the balance
- The existence of a lease agreement other than real property under a contract with respect to the actual rights or rights of any other object that is not registered or publicly notified (the first floor lease deposit of KRW 50 million, the second floor lease deposit of KRW 70 million, the second floor lease deposit of KRW 70 million, the second floor lease deposit of KRW 200,000, the second floor of KRW 200,000, the second floor of KRW 300) - The mortgagee F
C. While mediating the instant lease agreement, Defendant C issued a description of confirmation of the object of brokerage indicated below in the column for “the actual relation of rights or matters of rights that are not publicly announced.”
The Association, a senior mortgagee, applied for a voluntary auction of the instant house on the ground of non-performance of the secured debt of the right to collateral security, and on February 28, 2019, the voluntary auction procedure of this court G (hereinafter “instant auction procedure”) was in progress.
E. In the instant auction procedure, 10 persons, including the Plaintiff, of the instant housing including the Plaintiff, demanded distribution as the claim for the return of the lease deposit. The Plaintiff confirmed the lease relationship between the Plaintiff and the lessee of the stratong H and the stratong I among the above lessees, and the deposit amount of the lessee of the stratong H was KRW 25 million and KRW 35 million.
F. The instant case.