임대차보증금
1. With respect to the Plaintiff, the Defendants B, and C, jointly and severally, KRW 52,611,582, and the Defendant D and E Association shall be the Defendant B.
1. Basic facts
A. The Defendant B is the owner of the land and buildings indicated in the attachment (hereinafter “instant real estate”).
Defendant B and Defendant C are married couple.
Defendant D is a practicing licensed real estate agent who runs real estate brokerage business under the trade name of “F Licensed Real Estate Agent Office.”
During the period from February 1, 2017 to January 31, 2018, Defendant E Association (hereinafter “Defendant E Association”) as a corporation established for the purpose of the mutual aid program, etc. of licensed real estate agents, concluded a mutual aid agreement with Defendant D, a licensed real estate agent, with the content that, in the event that the above Defendant, while acting as a broker for real estate transactions, causes property damage to a transaction party and is liable for damage under the Licensed Real Estate Agents Act, he/she would compensate for such damage within the limit of KRW 100 million.
B. On May 26, 2017, the Plaintiff entered into a real estate lease agreement with Defendant C who represented Defendant B by mediation of Defendant D, and entered into a contract with Defendant C to lease all the first floor of the instant real estate with KRW 85 million.
On June 19, 2017, the Plaintiff paid the full amount of the deposit for lease to Defendant B, and began to reside in the above first floor upon delivery. On June 2, 2017, the Plaintiff obtained the fixed date in the lease contract, and completed the move-in report on resident registration around June 13, 2017.
C. In order to explain the legal relationship of Defendant D, when mediating the Plaintiff’s lease agreement, Defendant D entered the case of prior collateral security with the maximum debt amount of KRW 30 million in the column of “the confirmation and explanatory note of the object of brokerage” [the relation of rights - the matters to be entered in register other than the ownership ], Defendant D only stated that “the subject matter of actual relation of rights or the right to the object which has not been published is made under the lessee’s agreement.”
However, on August 3, 2010, the office is now going to run in the name of the collective security (right to collateral security) association.