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(영문) 서울중앙지방법원 2018.07.17 2017가단5067120

공제금 등 청구의 소

Text

1. As to the Plaintiff A’s KRW 12,50,00, and KRW 7,500,000 to the Plaintiff B, and each of the said money from June 6, 2017 to June 2018.

Reasons

1. Facts of recognition;

A. Nonparty C is the owner of the multi-family house located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Chungcheongnam, the real estate agent in the E Licensed Real Estate Agent Office, the real estate agent in the G Licensed Real Estate Agent Office, the defendant Korean Licensed Real Estate Agent Association is the real estate mutual aid association in which Nonparty E and F are enrolled.

B. On January 3, 2015, Plaintiff A entered into a lease agreement with Plaintiff C on the said multi-family house 201 (a security deposit for KRW 40 million) with E as a broker, and completed the move-in report on January 23, 2015 after fully paying the deposit and moving-in on January 23, 2015.

C. On February 25, 2015, Plaintiff B entered into a lease agreement with Nonparty C on the said multi-family house 303 (a deposit KRW 30 million) as a broker of F, and entered into on March 30, 2015, with all of the aforementioned deposits paid, and moved into the same day and received a move-in report and a fixed date.

Plaintiff

At the time of entering into a lease agreement with A, B, E, and F explained about KRW 299,00,000 on the registry, but for other lessees, E recommended to enter into a lease agreement with the principal household, while the total amount of deposit for the non-party 201 and non-party 7, as KRW 120,000,000,000, and the four-story households reside, and F recommended to enter into the lease agreement without particular explanation.

E. After the plaintiffs moved in, the Cheongju-nam Credit Union (Cheongju-nam) filed an application for auction of the above multi-family house on June 8, 2016.

In the above auction procedure, Plaintiff B received dividends of KRW 15,00,000 as a small lessee, but the remainder of the deposit was not paid as dividends. Plaintiff A was unable to receive the top priority payment as a small lessee due to the late relation between the moving-in report and the small lessee, and the total amount of the deposit was not paid.

F. At the time of the contract with the Plaintiff B, the maximum debt amount of the above multi-family house was KRW 299,00,000, and the aggregate of the deposit amount of the prior lessee was KRW 300,000.

Plaintiff

A The maximum amount of priority over the above multi-family house shall be KRW 299,00,000 at the time of the contract, and the sum of the deposit money of the prior lessee shall be the aggregate.