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(영문) 서울중앙지방법원 2020.10.22 2020가단5005504

공제금 청구의 소

Text

The Plaintiff

A. Defendant B Co., Ltd.: KRW 6,00,000 and annual 5% from April 5, 2020 to October 22, 2020, respectively.

Reasons

1. Basic facts

A. The Intervenor E and the Defendant C Association’s Intervenor (hereinafter “Supplementary Intervenor”) respectively entered into a mutual aid agreement with the Defendant B Co., Ltd., and the Intervenor, respectively.

B. On March 13, 2017, the Plaintiff entered into a contract for the lease of the first deposit No. 45,000,000, and the period from March 19, 2017 to March 19, 2019 (hereinafter “instant contract”) among the H multi-family houses in the name of the F-owned city, Chungcheongnam-gu, Chungcheongnam-gu, Seoul Special Metropolitan City (hereinafter “instant building”).

On March 19, 2017, the Plaintiff made a move-in report on March 22, 2017 after paying all of the above deposit and moving-in.

C. On July 27, 2015, the instant building is a multi-family house without a separate registration of the size of the fourth floor, which was approved for use on July 27, 2015. The first floor was composed of five households in which the family room was divided for residential purposes, and five households in which the second and third floors were divided for residential purposes, and the fourth floor was also composed of one household for residential purposes.

At the time of the above lease agreement, the registration of establishment of a neighboring mortgage equivalent to the maximum debt amount of 45,000,000 won and the registration of establishment of a right to lease on a deposit basis of 45,000,000 won under the name of each lessee of the second and third floors. In addition, eight households of the second and third floors were living in each household by paying the deposit of 45,000,000 won and the deposit of 10,000,000 won for the lessee of the fourth floor, and most of the above lessees were in the status of obtaining a fixed date.

E. At the time of the brokerage of the above lease agreement, the broker of this case notified the Plaintiff of the establishment registration of the establishment of the above neighboring area and the registration of the establishment of the right to lease on the building site, and stated in the description of the goods

However, the lessor has the priority over the above building which is a multi-family house, or the amount of deposit for lease, time of lease or completion period, etc.