공제금 등 청구의 소
1. The Defendant against the Plaintiff A with respect to KRW 11.3 million, KRW 9.3 million to Plaintiff B, and KRW 10.1 million to Plaintiff C and each of the said money.
1. Facts of recognition;
A. E is a person who was the owner of “Gdong” (hereinafter “instant building”), a building of the F site in Yeongdeungpo-gu, Suwon-si and its 8th floor above the ground.
The building of this case was constructed as Class 2 neighborhood living facilities for the purpose of the Gosiwon, but it is actually called the so-called "studio", and there are 39 rooms inside the house.
B. On November 18, 2014, Plaintiff A entered into a lease agreement with I, a practicing licensed real estate agent operating “H Licensed Real Estate Agent Office, setting the lease deposit amount of approximately KRW 55 million and the term of November 20, 2014 from November 20, 2014 to November 20, 2016.
Accordingly, on November 18, 2014, the said Plaintiff completed the move-in report for resident registration to Jho-ho’s address, and received the fixed date in the lease contract, and paid deposit KRW 50 million to E around November 20, 2014, and moved into Jho-ho.
In the description of confirmation (Evidence A2) of the object of brokerage in the name of I prepared and delivered to the said Plaintiff at the time of the conclusion of the above lease agreement, the said description states that the right-mortgage was established with respect to the building of this case and the land which is the land of this case, the maximum debt amount of KRW 1,04,000,000,000 under the name of K Co., Ltd., and is indicated in the column of “the right-holder of the object not publicly notified”
However, at the time of the lease agreement, the building of this case had already been occupied by the lessee in 27 units, as well as the establishment of the right to collateral security as above, and the total amount of the lease deposit exceeded KRW 1,337,00,000.
C. On March 16, 2015, Plaintiff B entered into a lease agreement with the brokerage of M, a practicing licensed real estate agent operating the “L Licensed Real Estate Agent Office” and with approximately KRW 26.7 square meters of the Nho Lake (hereinafter “Nho”) of the instant building as the lease deposit amount of KRW 50 million and the term of lease from April 13, 2015 to April 13, 2017.
Accordingly, above.