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(영문) 서울중앙지방법원 2020.04.09 2019가단5230298

공제금 등 청구의 소

Text

1. The defendant,

A. The Plaintiff A’s KRW 10,000,000 per annum from December 8, 2019 to April 9, 2020; and

Reasons

1. Basic facts

A. On March 27, 2016, Plaintiff A entered into a lease agreement with the broker of the Defendant’s assistant intervenor, a licensed real estate agent, for the F multi-family house located in the Seocho-gu, Changwon-gu, Seoul Special Metropolitan City (hereinafter “instant multi-family house”) located in E and E (hereinafter “instant multi-family house”) by setting the lease deposit amount of KRW 40,000,000, and the lease term from March 27, 2016 to March 26, 2018, and paid the full amount of the lease deposit to E on the same day, and received a fixed date.

B. On April 14, 2016, Plaintiff B entered into a lease agreement with respect to the instant multi-family house H as a broker by the Defendant’s assistant intervenor, setting the lease deposit amount of KRW 40,00,000, and the lease term from April 24, 2016 to April 23, 2018 (hereinafter “each of the instant lease agreements”), and paid the full amount of the lease deposit to E on the same day, and received a fixed date after completing the move-in report.

C. The Defendant’s assistant intervenor stated in the letter of confirmation of the object of brokerage prepared in the course of mediating each of the instant lease agreements only that “to directly confirm the object of brokerage through the former lessee’s broker. To attend the lessee, directly and orally confirm the condition of the object of brokerage.” At the time, the Defendant’s assistant did not state the amount of the deposit of the lessee who received the fixed date prior to the mortgage established on the instant multi-family house or the Plaintiffs.

After the conclusion of each of the instant lease agreements, the procedure for the auction of real estate for the instant multi-family house was commenced. On July 18, 2019, the execution court, after deducting the execution cost from the proceeds from the sale of the instant multi-family house on July 18, 2019, shall distribute the remaining KRW 702,928,784 to 15,000, each of the plaintiffs and 19 other than the plaintiffs, who are the small lessee, to 19 persons, respectively, and in the second order, the amount of KRW 2,52,070, the amount of KRW 2,52,070, the amount of KRW 3,000, and the amount of KRW 170,000 to 6 lessees prior to the fixed date, rather than the plaintiff, shall be