임대차보증금반환 등
1. The Plaintiff:
A. Defendant B shall pay 18 million won and a rate of 12% per annum from October 12, 2019 to the date of complete payment.
On May 18, 2017, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant B, the owner of the 4th apartment house located in Gunsan-si E (hereinafter “instant building”) and the F of the instant building, which is the owner of the 4th apartment house located in Gunsan-si (hereinafter “instant building”), with the mediation of Defendant C, a licensed real estate agent, and was issued by Defendant C a written mutual aid agreement to compensate for damage caused by the brokerage accident entered into with Defendant D Association (hereinafter “Defendant Association”) within the limit of 100 million won.
Since then, the Plaintiff paid the entire security deposit to Defendant B, and transferred the security deposit to the Family Register of this case on June 13, 2017, and obtained a fixed date in the lease contract.
At the time of the conclusion of the above lease agreement, Defendant C was aware of and explained the legal relationship to the Plaintiff, and did not fully explain the existence of another lessee or small lessee on the instant building; the amount and period of the deposit; the existence of a lessee who is entitled to exercise the right to preferential reimbursement prior to the Plaintiff; and the amount of the deposit.
Since then, on December 6, 2018, one of the lessees of the instant building filed an application for a compulsory auction on the instant building and its site on the grounds that he/she failed to receive the deposit, and the decision to commence the compulsory auction was rendered (Seoul District Court Gunsan Support G) on the seventh day of the same month, and the Plaintiff received dividends of KRW 14 million as a small lessee at the auction procedure.
[Ground of recognition] Evidence Nos. 1 through 5, Evidence Nos. 1 and 2, and the purport of the whole pleadings
2. Determination
A. As to the defendant B
1. According to the facts found in the facts of recognition, Defendant B shall pay to the Plaintiff the remainder of KRW 18 million and the remainder of the complaint of this case from October 12, 2019 to the date of full payment, which is the following day after the copy of the complaint of this case was served on Defendant B.