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(영문) 서울중앙지방법원 2019.08.26 2018가단5068014

공제금 등 청구의 소

Text

1. As to the Plaintiff A, the Defendant: (a) KRW 3,698,90; (b) KRW 4,646,109; and (c) KRW 4,646,109; and each of the said money, from June 12, 2018 to June 2019.

Reasons

1. Basic facts

A. D is the owner of the multi-family house of eight above ground level E in Young-gu, Suwon-gu, Suwon-si (hereinafter “instant multi-family house”). The Plaintiffs are the lessee, F, and G who entered into a lease agreement with D, respectively, real estate agents, the Defendant, and the mutual aid association affiliated with F and G.

B. 1) On July 1, 2013, Plaintiff A and D as F’s broker, the instant multi-family house No. H (hereinafter “instant house No. 1”).

(1) As to the term “instant first contract”, a lease agreement with the terms of KRW 50,00,000 and the term from August 3, 2013 to August 3, 2015 (hereinafter “instant first contract”).

the same month after obtaining a fixed date on August 1, 2013.

3. The moving-in report was made on the 16th of the same month after all of the deposits were paid.

2) In mediating the instant contract, F entered “rights other than ownership” as “the maximum debt amount of 1,040,000,000 won” in the column for the “rights other than ownership” of the description of the object of intermediation in mediating the instant contract, and “the rights subject to real rights or rights of the object not publicly notified” was blank. 3) At the time of entering into the instant first contract, the instant multi-household house entered into a lease agreement with approximately KRW 80,000,000 in addition to the foregoing collateral security.

C. 1) On December 20, 2015, Plaintiff B introduced G, and between D and D, the instant multi-family house out of the instant multi-family house (hereinafter “instant multi-family house”).

(2) As to the terms and conditions of a lease agreement with respect to KRW 50,00,00 and the period from January 16, 2016 to January 15, 2018 (hereinafter “instant second agreement”).

(2) On January 7, 2016, G concluded a contract of this case and made a move-in report on January 18, 201 on the same month after obtaining the fixed date on January 7, 2016. 2) G, while mediating the contract of this case, stated “the matters of rights other than ownership among the rights relationship” in the column of “the matters of rights other than ownership from among the rights relationship” as “the maximum amount of claims 1,040,000 collective security holders, and the relation of real rights or matters not publicly notified.”