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(영문) 수원지방법원 2015.09.11 2014가단35132

임대차보증금

Text

1. Defendant B and C jointly share KRW 13,00,000 to the Plaintiff and Defendant C with respect thereto from December 13, 2014.

Reasons

1. Basic facts

A. On March 10, 2012, the Plaintiff entered into a lease agreement between Defendant B and Defendant B with the terms that KRW 501,00,000,000,000,000, and the lease period from March 18, 2012 to March 18, 2014 (hereinafter “instant lease agreement”). Defendant C is a licensed real estate agent who arranged the instant lease agreement.

B. The Plaintiff paid to Defendant B the lease deposit amount of KRW 35 million.

C. At the time of the conclusion of the instant lease agreement, the right to collateral security was set up with the maximum debt amount of KRW 351 million, the maximum debt amount of KRW 299 million, the maximum debt amount of KRW 15.6 million, each of the maximum debt amount of KRW 375 million, and the maximum debt amount of KRW 192 million, which shall be the right to collateral security, and the right to collateral security of KRW 15.6 million, which shall be the right to collateral security of KRW 375 million, and the right to collateral security of KRW 192

On February 7, 2013, upon the application of the creditors Hyundai Capital Co., Ltd., the compulsory auction procedure was commenced for the building of this case and its location (hereinafter “instant building, etc.”) to Suwon District Court G on February 7, 2013. The said compulsory auction procedure commenced on February 25, 2013 upon the application of the National Bank of Korea Co., Ltd., the Suwon District Court H, which commenced on February 25, 2013, joined the said case.

In the above auction procedure on May 3, 2013, the Plaintiff filed a report on the right to lease deposit of KRW 35 million and demanded the distribution thereof. However, as the amount of KRW 1,536,866,613, which is the actual amount to be distributed on the date of distribution on September 19, 2014, was preferentially distributed to the lessees, mortgagees, mortgagees, etc. compared to the Plaintiff, the Plaintiff was paid KRW 2,00,000 out of the deposit as small lessee, and the Plaintiff did not receive the remaining deposit of KRW 13 million.

【Defendant C’s ground for recognition】 Defendant B and the Korean Licensed Real Estate Agent Association: Gap.