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(영문) 대구지방법원서부지원 2017.09.28 2017가단52747

임차보증금반환청구

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1. The Defendants jointly with C shall pay to the Plaintiff KRW 70 million and the interest rate from April 18, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. On March 23, 2016, the Plaintiff leased KRW 203,00,000 to KRW 70,000,000 from D as a joint brokerage between the licensed real estate agent C (a lessee’s broker) and Defendant B (a lessee’s broker) for the instant building (hereinafter “instant building”). On March 28, 2016, the Plaintiff moved to the instant building for relocation and obtained a fixed date in the lease agreement.

B. At the time of the conclusion of the instant lease agreement, C called Defendant B to “the contact with the tenant to find out the current status of the tenant deposit,” and Defendant B took the words “existing tenants have KRW 200,000,000,000,000,000,000,000 won.”

C and Defendant B confirmed and explained to the Plaintiff that there was “200 million won of lease deposit” as rights to the instant building and its site, other than the right to collateral security of KRW 390,000,000,000, in addition to the right to collateral security.

However, since then, the total amount of security deposit of tenants who take precedence over the plaintiff is up to KRW 500 million, excluding the security deposit of the plaintiff from the auction procedure regarding the building of this case.

C. On March 2, 2017, the Daegu District Court rendered a decision of permission for sale on the instant building and its site in the case of the F Real Estate Discretionary Auction for the Western Branch of the Daegu District Court on the instant building and its site, and on April 27, 2017, a distribution schedule of KRW 741 million was prepared on April 27, 2017, and the Plaintiff did not receive dividends.

The Defendant Korean Licensed Real Estate Agent Association (hereinafter “Defendant Association”) concluded a mutual aid agreement with Defendant B and Defendant B to compensate for the transaction parties’ property damage caused by the real estate brokerage.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 and 2, the purport of whole pleadings

2. The assertion and judgment

(a) Judgment 1 Licensed Real Estate Agent on the cause of the claim is completed before the brokerage is completed upon request;