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(영문) 서울중앙지방법원 2014.06.24 2013가단2052

부동산인도 등

Text

1. The plaintiff

A. Defendant D’s KRW 35,000,000 and its related thereto from October 25, 2013:

B. Defendant B, C, and.

Reasons

1. Basic facts

A. Defendant C is a licensed real estate agent, who operates the F Licensed Real Estate Agent Office in Ansan-si E. The Defendant Korea Licensed Real Estate Agent Association (hereinafter “Defendant Association”) concluded a mutual aid agreement with Defendant C with a mutual aid agreement amounting to KRW 100,000,000 during the mutual aid period from April 20, 201 to April 19, 2012.

B. On September 26, 201, at the F Licensed Real Estate Agent Office, the Plaintiff entered into a lease agreement with Defendant D to lease KRW 201 (hereinafter “instant real estate”) from KRW 65,00,000 to November 18, 201, among multi-household housing on the third floor above the 3rd floor in Ansan-gu, Ansan-gu, Ansan-gu, the Defendant D owned (hereinafter “instant real estate”), and paid KRW 3,000,000 for the down payment to Defendant D.

C. The intermediate payment of KRW 13,00,000 under the instant contract was made until October 20, 201 to pay the remainder of KRW 49,00,000 until November 19, 201, but the instant real estate was established with the maximum debt amount of KRW 97,50,000 for securing the debt amount of KRW 75,00,000 borrowed from the Information and Communications Cooperative, and thus, the Plaintiff, Defendant B, and D agreed that the Plaintiff paid the intermediate payment and the remainder to Defendant B shall partly repay the debt amount of loans to the Information and Communications Cooperative and deliver the remainder to Defendant D, and the special agreement stipulates that “I shall include the remainder of KRW 40,00,000 as the broker office at the time of the remainder of the amount of KRW 75,00,00,000 as of the present contract.”

As between October 17, 201 and December 21, 2011, the Plaintiff remitted total of KRW 62,000,000 to the Defendant B’s deposit account in the name of Defendant B, or paid to Defendant B in cash. Defendant B did not repay loans to the Ansan Credit with the said money, but distributed KRW 30,000,000 to Defendant D at his own discretion and KRW 32,00,000.

(e) On September 27, 2012, the application for an Masan Consultation was commenced.