양수금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Facts of recognition;
A. The Defendant, a real estate broker, received a request from the branch, the former lessee of the F Building G (hereinafter “instant building”) of the F Building G, in order to pay the lease advertisement of the instant building, and posted an advertisement on the said building at the Internet I press.
B. On November 6, 2014, E reported the lease advertisement of the instant building at the Internet I media and contacted the Defendant.
E, around November 7, 2014, concluded a lease agreement with the Defendant to lease the instant building by setting the lease deposit amount of KRW 50,000,000 from November 10, 2014 to November 9, 2015 (hereinafter “instant lease agreement”).
E paid KRW 200,00 to the Defendant regarding the conclusion of the above lease agreement.
C. In the process of concluding the instant lease agreement, the Defendant did not show the copy of the register of the instant building to E, and did not notify the fact that the prior collateral security was established in the aggregate of the maximum debt amount of the said building amount of KRW 4.3 billion.
E paid 50,000 won of lease deposit to C on November 10, 2014, and thereafter made a move-in report after moving into the building in this case.
E. As to the instant building, the procedure of voluntary auction was initiated with the Gwangju District Court Hacheon Branch H, and the Plaintiff received a successful bid of the instant building in the said voluntary auction procedure and paid the sale price on July 19, 2018 and acquired the ownership thereof.
E receives a dividend of KRW 5,545,170, out of the remaining amount of money distributed to a senior mortgagee, etc. from the above sale price, but the remaining amount of KRW 44,454,830 was not paid.
(f) On December 5, 2018, E transfers the remainder of the lease deposit repayment claim against C and the damage claim against the Defendant to the Plaintiff, and the same month.
6. C and the Defendant notified the assignment of the claim.
[Reasons for Recognition]