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(영문) 서울중앙지방법원 2020.05.22 2019가단5230854

공제금 등 청구의 소

Text

1. The Defendant’s KRW 20,000,000 and the Plaintiff’s annual rate of KRW 5% from December 10, 2019 to May 22, 2020, respectively.

Reasons

1. Facts of recognition;

A. On March 30, 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) between March 30, 2016, with respect to the E-family house owned by D and D (hereinafter “instant multi-family house”) F, from March 30, 2016 to March 29, 2018, with the lease deposit amounting to KRW 50,000,000, and the lease term from March 30, 2016 to March 29, 2018, and received the move-in report and the fixed date. (b) In the description of the object of the instant lease agreement brokerage, the term “rights of the object for which the actual right is not publicly notified” includes “the confirmation of KRW 52,00,000,000,000,000,000,000 won.”

C. At the time when the Plaintiff entered into the instant lease agreement, the instant multi-family house was established with the maximum debt amount of KRW 520,000,000, and the lease contract was already concluded with the said nine persons, and the said nine persons had already occupied the lease deposit amount of KRW 383,00,000,000, and the move-in report and the fixed date had already been completed, except for G (30,000,000,000).

The instant multi-family house was commenced on July 18, 2018, and the instant multi-family house was assessed at KRW 751,058,100 in the auction procedure (excluding the appraised value of KRW 777,707,100 in the instant auction subject matter and KRW 26,649,00 in the appraised value of KRW 1/2 of the value of KRW 94 square meters in the instant auction subject matter, which was included in the auction subject matter at KRW 77,707,100, and was finally sold at KRW 478,20,00 in the aggregate, together with the shares of KRW 1/2 in the Ch at the same time.

E. KRW 472,094,721, which deducts KRW 6,305,075, out of the aggregate of the above sales proceeds and interest amounts to KRW 478,39,79,796, was 14,000, the first priority lessee’s KRW 8,000,000, the first priority lessee’s KRW 4,000,000, the first priority lessee’s wage claim amounting to KRW 3,225,806, and the second priority beneficiary’s wage claim amounting to KRW 705,440, and 3.