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(영문) 서울중앙지방법원 2019.12.05 2019가단5064842

공제금 청구의 소

Text

1. The defendant shall pay to the plaintiff KRW 26,00,000 as well as 5% per annum from June 1, 2019 to December 5, 2019, and the next day.

Reasons

1. Basic facts

A. C is a licensed real estate agent who operates the “D Licensed Real Estate Agent Office,” and E is the owner of the multi-family house located in F at the time of the grace (hereinafter “the instant multi-family house”).

B. From October 7, 2014 to October 6, 2015, the Defendant entered into a mutual aid agreement with C to compensate for property damage to a transaction party by intention or negligence in performing real estate brokerage activities under the Licensed Real Estate Agents Act.

C. On April 1, 2015, the Plaintiff entered into a lease agreement with E on the instant multi-family housing (hereinafter “instant lease agreement”) with the broker of C, with the lease deposit of KRW 6,50,000,000 for the instant multi-family housing (hereinafter “instant lease agreement”). On April 17, 2015, the Plaintiff paid and moved to a deposit, and thereafter, made a move-in report at that time and received a fixed date.

At the time of entering into the instant lease agreement, the priority mortgage was established on the instant multi-family house with the maximum debt amount of KRW 1,950,000,000,000, and there was a prior lessee having priority over the total deposit amount of KRW 736 million.

E. C prepared a description of confirmation of the object of brokerage, and entered the content of the right other than ownership in the “matters of right other than ownership” column, but “the actual relation of right or matters of right with respect to the object that has not been disclosed” was delivered to the Plaintiff without any entry as to the lessee and the details of the deposit.

F. On August 8, 2017, the mortgagee of the instant multi-family house applied for a voluntary auction on the instant multi-family house by applying for a voluntary auction on August 8, 2017, and was awarded a successful bid on December 20, 2018 and paid the price on January 18, 2019, E lost its ownership and the Plaintiff cannot maintain the lease relationship any longer.

G. The appraisal price of the instant multi-family house in the said voluntary auction procedure was KRW 2,423,381,320, but it is the wind to be sold in KRW 1,616,760,00 as a result of the bid.

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