공제금 등 청구의 소
1. The Defendant’s KRW 90,000,000 as well as 5% per annum from May 23, 2017 to May 30, 2018 to the Plaintiff.
1. Facts of recognition;
A. On August 19, 2014, the Plaintiff, via the brokerage of C, a practicing licensed real estate agent, set the lease deposit amount of KRW 200,00,00, and the lease term from September 26, 2014 to January 15, 2017, all of the eight stories of the Yeongdeungpo-gu Seoul Metropolitan Government E (the underground first floor and the eight-story multi-family house on the ground; hereinafter “instant multi-family house”).
(hereinafter “Lease of this case”). The Plaintiff paid all the above lease deposit to D after completion of the move-in report on September 19, 2014, and received the fixed date.
B. C, while mediating the instant lease, explained to the Plaintiff each of the maximum debt amount of KRW 1,170,000,000 and KRW 270,000,000, which are indicated in the registry of the instant multi-family house. However, at the time of the instant lease brokerage, C did not specifically explain or provide data concerning other leases existing in the instant multi-family house. At the time of the instant lease brokerage, C prepared and delivered “a description of confirmation of the object of brokerage” to the Plaintiff, and only stated “the right matters of the object that are not the actual relation of rights or publicly notified” in the said confirmation statement as “the same with the
Moreover, C explained to the Plaintiff that “the lease rate of the lease of the instant multi-family house is 20% to 30%,” without confirming the following facts: (a) the lessee of the instant multi-family house was the lessor; and (b) the lessee of the instant multi-family house is the following.
Many lease deposits have been paid and transferred, such as the table in the port.
C. The lease status at the time of the instant lease and thereafter at the time of the instant lease recorded in the auction record is as follows:
(Unit: 10,000 won (per unit) for the instant multi-family house, including the Plaintiff’s deposit, KRW 2,519,00,000 ( KRW 1,514,00,000) for lease deposit and maximum debt amount of KRW 1,440,000 ( KRW 1,170,000,000) for lease deposit including the Plaintiff’s deposit.