beta
(영문) 서울중앙지방법원 2019.08.20 2018가단5016976

공제금 청구의 소

Text

1. As to Plaintiff A’s KRW 16,00,00, and KRW 32,00,000 to Plaintiff B, and each of the said money from April 14, 2018 to April 2019.

Reasons

1. Facts of recognition;

A. E is the owner, G, the former owner, the Plaintiffs, the lessee who entered into a lease agreement with E, and the Intervenor’s Intervenor (hereinafter “ Intervenor”) and H are the mutual aid associations in which the Intervenor and H are enrolled.

B. 1) On April 14, 2014, Plaintiff A’s instant multi-family house I (hereinafter “instant first house”) among the multi-family houses in this case between G and G as the intermediary of the Intervenor.

(1) As to the instant lease agreement, the term of KRW 60,00,000 and the term of April 17, 2014 to April 16, 2016 (hereinafter “instant first lease agreement”).

(2) After obtaining the fixed date on April 14, 2014, Plaintiff A paid a deposit on April 17, 2014, and made a move-in report on May 13, 2014.

3) When mediating the instant lease contract, the intervenor stated in the column of “written explanation of the lessor, on-site verification of lessee,” and “rights relationship” as “5,000,000 (JJ) for “the maximum amount of the right of lease on a deposit basis,” and stated in the column of “the matters concerning the right of the object which is not yet publicly announced” as “the total amount of KRW 200,000,000,000” in the “the instant multi-household house at the time of the instant lease contract. 4) At the time of the instant lease contract, the instant multi-household house at issue had already been registered as the maximum amount of debt amount of KRW 585,00,000 under J association’s name and the registration of the establishment of chonsegwon at KRW 45,00,000 for the establishment of a lease on a deposit basis, and had already been concluded as “the content of the lease that is not yet occupied” (the total amount of KRW 672,00,000).

C. 1) Plaintiff B’s brokerage on July 24, 2015 between H and E, as the broker of H, L of the instant multi-family house (hereinafter “instant second house”).

The lease agreement with respect to security deposit amounting to KRW 115,00,000, and the period from August 8, 2015 to August 7, 2017 (hereinafter referred to as “the lease agreement”).