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(영문) 서울중앙지방법원 2018.12.04 2017가단5220983

공제금 등 청구의 소

Text

1. The Defendant’s KRW 57,500,000 as well as the Plaintiff’s annual rate of KRW 5% from January 31, 2018 to December 4, 2018.

Reasons

1. Facts of recognition;

A. Nonparty C is a licensed real estate agent operating the F real estate brokerage office located in building D subparagraph 5 in Nam-gu, Daegu, and the Defendant is a legal entity that runs a mutual aid business to guarantee liability for damages of practicing licensed real estate agents pursuant to Article 42 of the Licensed Real Estate Agents Act

B. On December 6, 2014, the Plaintiff: (a) requested Nonparty C to introduce and mediate a house for rent; (b) from Nonparty C to Nonparty C, one of the multi-family houses located in Daegu-gu, Daegu-gu (hereinafter “instant building”; (c) introduced a down payment of KRW 1,00,000 among the multi-family houses located in Nonparty C; and (d) paid the down payment of KRW 1,00,000; and (c) on December 17, 2014, the Plaintiff received a move-in report and a move-in report on the instant house from Nonparty C’s office to December 16, 2016, with respect to the instant house as well as KRW 115,00,000,000, and the lease deposit period from December 17, 2014 to December 16, 2016. < Amended by Act No. 12847, Dec. 23, 2014>

C. At the time of the conclusion of the above lease agreement, the non-party C’s statement of confirmation of the object of brokerage prepared and delivered to the Plaintiff is indicated as “matters of rights other than ownership indicated in the register,” which includes KRW 637,00,000 of the maximum debt amount on the land collateral, KRW 637,00,000 of the maximum debt amount on the mortgage on the building collateral, and KRW 40,000 of the JC chonsegwon, and KRW 40,000 of the maximum debt amount on the lease on a deposit basis, and the “matters of rights regarding the object not publicly announced” is indicated as “the aggregate amount of the deposit on deposit basis at the present time of the lease deposit” and the signature and seal of G

On the other hand, in the real estate register perused by the above C as of April 4, 2014, the registration of establishment of a right to lease on a deposit basis with the mortgagee K Union, debtor G, maximum debt amount of KRW 624,00,00 as of August 21, 2014, the registration of establishment of a right to lease on a deposit basis of KRW 40,000 as of August 21, 2014, and the registration of establishment of a right to lease on a deposit basis of the right to lease on a deposit basis as of September 19, 2014.