공제금 등 청구의 소
1. The Defendant’s KRW 21,00,000 as well as 5% per annum from April 16, 2019 to December 12, 2019 to the Plaintiff.
1. Facts of recognition;
A. On August 21, 2016, the Plaintiff entered into a lease agreement with D, a licensed real estate agent, and the Defendant’s assistant intervenor, stipulating that the term of lease shall be KRW 45,00,000, and the term of lease shall be from August 27, 2016 to August 26, 2018 with respect to the G heading of the F multi-family house owned by E and E as the broker of the Defendant’s assistant intervenor:
(hereinafter “instant lease agreement”). On August 24, 2016, the Plaintiff completed the move-in report for the instant multi-family house G, and obtained the same fixed date on the same date, and on August 27, 2016, transferred the lease deposit amount of KRW 45,000,000 to E to the instant multi-family house G.
B. The Defendant Intervenor, while mediating the instant lease agreement, explained to the Plaintiff the two collateral security (the maximum debt amount of HAC 208,000,000 won, the HAC 273,000,000 won) and three lease rights (the lease right I, J, and K) established in the instant multi-family house and stated them in the matters of rights other than ownership of the written confirmation of the object of brokerage.
At the time of entering into the instant lease agreement, the lessee who entered into the lease agreement prior to the Plaintiff is attached Form.
1. Of the above, the sum of the deposit money for lessees who obtained a fixed date earlier than the Plaintiff was set at KRW 295,00,000,000.
1. Of the indicated lessees, the sum of the lease deposits to those other than the lease deposit with the person having chonsegwon, J, I’s lease deposit, and L with the fixed date unknown), but D and the Defendant’s assistant intervenor did not adequately explain the details of the lease relationship and the deposit for lease. C. The instant multi-family house, which began upon a request of M, was sold to the Daejeon District Court N in Seosan Branch for compulsory auction (the instant multi-family house was sold to KRW 621,200,000.
On July 31, 2019, the auction court distributed KRW 616,164,309, which was calculated by subtracting the cost of execution, etc. from the above proceeds of sale. The court of auction distributed KRW 15,00,000 to the plaintiff,O, P, and Q, who is a small lessee, and the applicant creditor and small lessee.