임차보증금 반환 등
1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Basic Facts
On September 8, 2011, the Plaintiff leased (hereinafter “instant building”) No. 502, Dong-dong (hereinafter “instant building”) from Codefendant B of the first instance trial (hereinafter “B”) as “Lease deposit 150,000,000 won, and from October 24, 2011 to October 23, 2013,” respectively.
(2) The lower court determined that the lower court’s judgment did not err by misapprehending the legal doctrine on the right to collateral security, and did not err by misapprehending the legal doctrine on the right to collateral security, thereby adversely affecting the conclusion of the judgment. In so doing, it did not err by misapprehending the legal doctrine on the right to collateral security, as otherwise alleged in the ground of appeal. In so doing, it did not err by misapprehending the legal doctrine on the right to collateral security, as otherwise alleged in the ground of appeal.
The Plaintiff and B agreed to make a registration to reduce the maximum debt amount of the registration of creation of a mortgage over the above two collateral obligations, the principal of which is 75,000,000 won, out of the two collateral obligations of the registration of creation of a mortgage over the above two collateral obligations, upon the Plaintiff’s receipt of the lease deposit from the Plaintiff.
As a real estate broker, Defendant C mediated the conclusion of the instant lease agreement.
Meanwhile, on August 25, 2011, Defendant C and Defendant Seoul Guarantee Insurance Co., Ltd. (hereinafter “Defendant Seoul Guarantee Insurance Co., Ltd”) concluded a guarantee insurance contract (hereinafter “instant guarantee insurance contract”) under which Defendant C would compensate the insured or a third party for property damage caused by failing to perform his/her obligations under Article 30 of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act.
On September 8, 201, the Plaintiff paid KRW 150,000,000, total of KRW 135,000,000 on October 24, 201, as lease deposit, to B.
thereafter, B.