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(영문) 서울중앙지방법원 2019.12.04 2019가단5048833

공제금 등 청구의 소

Text

1. The Defendant: (a) KRW 24 million to the Plaintiff; and (b) 5% per annum from May 12, 2019 to December 4, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the lessee of the instant building mentioned as the Plaintiff, and the Defendant’s Intervenor C is a practicing licensed real estate agent acting as a broker for the Plaintiff’s lease, and the Defendant entered into a mutual aid agreement with the Defendant to guarantee the Defendant’s property liability incurred to the parties to the instant building in connection with the instant intermediary act by setting the deduction amount to KRW 100 million, and the deduction period from June 4, 2016 to June 3, 2017 (hereinafter “instant mutual aid agreement”).

B. 1) On January 5, 2017, the Plaintiff entered into the instant lease agreement with D as the broker of C, and the Fho Lake (hereinafter the entire building referred to as the “instant building”) among the multi-family house E-family house in Ulsan-gu, Ulsan-gu, Seoul-do, and its site is “the instant land”; and among the instant buildings, subparagraph F of the instant building is “instant F”.

(A) As to the instant lease agreement, deposit 60 million won and the period from January 9, 2017 to January 8, 2018 (hereinafter “instant lease agreement”).

(2) At the time of the conclusion of the instant lease agreement, C entered into and delivered to the Plaintiff, the description verifying the object of the instant lease agreement was set at KRW 520 million with respect to the land and building in question as the mortgagee G association and the maximum debt amount, and the “matters regarding the right of the object that is not publicly notified or publicly notified,” and the “matters regarding the actual relation of rights of the property” is a blank space.

C. At the time of the conclusion of the instant lease agreement, the establishment registration of the instant land and buildings was completed on August 27, 2013 with the joint collateral on the real estate registry as stated in the registry at the time of the conclusion of the instant lease agreement, including the right to collateral security, G Union G Union and the maximum debt amount of KRW 520 million.

However, the auction of the land and buildings of this case.