공제금 등 청구의 소
1. The Defendant’s KRW 18,581,052 as well as the Plaintiff’s annual rate of KRW 5% from November 11, 2019 to July 9, 2020.
1. Basic facts
A. E is the owner of the multi-family house located in Gwangju City H (hereinafter “multi-family house in this case”) by a licensed real estate agent and the company operating the F Licensed Real Estate Agent Office (hereinafter “Lease”).
The instant multi-family house consists of the buildings with 4th floor B and 32 above ground on the same lot site. B Dong is used as the stairs room of the first floor, the total of 3 households with 2th and 4th floor, the total of 9 units of the third household with 3th floor, the stairs room of the first floor, and the total of 11 households with 2th and 4th floor, respectively.
B. From April 4, 2015 to April 3, 2016, the Defendant concluded a mutual aid agreement with E to compensate for property damage to a transaction party by intention or negligence in performing real estate brokerage as stipulated in the Licensed Real Estate Agents Act.
C. On May 31, 2015, the Plaintiff entered into a lease agreement with the lessor on the instant multi-family housing I with a broker of E, with the lease deposit of KRW 130 million,000,000,000, and entered into the lease on June 27, 2015. The Plaintiff completed the move-in report at that time and received the fixed date.
At the time of the conclusion of the instant lease agreement, each priority mortgage was established on the site of the instant multi-family house with the maximum debt amount of KRW 438 million and KRW 151 million with the maximum debt amount of the second priority, and the joint collateral mortgage was established on the building. At the instant multi-family house C Dong, the aggregate deposit amount of KRW 24.5 million, and the deposit amount of KRW 680,000,000,000,000,000 won.
E. In preparing a description of confirmation of the object of brokerage, E entered the contents of the mortgage in the “matters of rights other than ownership” column, but delivered to the Plaintiff the “matters of rights other than real rights or rights not publicly announced” column in the “matters of rights other than ownership.”
F. On April 13, 2018, the obligee of the instant multi-family house.