전세보증금반환 등
1. Defendant B and C shall jointly and severally pay to the Plaintiff KRW 85,00,000 and the interest rate of KRW 15% per annum from September 17, 2015 to the date of full payment.
1. Basic facts
A. On January 30, 2012, the Plaintiff, a licensed real estate agent of Defendant D, leased the E Apartment No. 2002 (hereinafter “instant real estate”) from Defendant B as the broker of Defendant D, the deposit amount of KRW 85 million, and the period from February 22, 2012 to February 21, 2014.
(hereinafter “instant lease agreement”). B.
On February 4, 2012, Defendant C, the husband of Defendant B, prepared a cash storage certificate stating that “The lessor and C shall pay 85 million won security deposit for the instant real estate to the contractor A without any condition after the lease period expires.”
C. On February 21, 2012 and February 22, 2012, the Plaintiff paid a deposit of KRW 85 million to Defendant B.
On February 13, 2014, the Plaintiff and Defendant B agreed to extend the lease period of the instant real estate until July 31, 2014, which was earlier than the expiration date of the term stipulated in the instant lease agreement.
E. At the time of the conclusion of the instant lease agreement, the establishment registration of the mortgage of the instant real estate was completed with the maximum debt amount of KRW 294,00,000, and the debtor B and Hyundai Capital Co., Ltd.
(hereinafter “instant collateral security”). Upon the application of Hyundai Capital Co., Ltd., a voluntary auction procedure was initiated regarding the instant real estate and sold to a third party on June 8, 2015, and the Plaintiff was not fully distributed in the distribution procedure.
F. At the time of the conclusion of the instant lease agreement, Defendant D stated the “matters of rights other than ownership” column for the description of “matters of rights other than ownership” in the description of confirmation and explanatory note of the object of brokerage delivered by Defendant D to the Plaintiff.
[Grounds for recognition] Gap 1, 2, 3, and 5, the purport of the whole pleadings
2. According to the above facts of recognition as to the claim against Defendant B and C, since the lease period of the instant real estate has expired, Defendant B is obligated to return the deposit amount of KRW 85 million to the Plaintiff as the lessor, and Defendant C is obliged to return the instant real estate.