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(영문) 서울중앙지방법원 2018.08.21 2017가단5056960
공제금 등 청구의 소
Text

1. The Defendant’s KRW 36,00,000 as well as the Plaintiff’s annual rate of 5% from May 29, 2017 to August 21, 2018, and the following.

Reasons

1. Basic facts

A. The conclusion of a lease agreement and a mutual aid agreement (1) C is a licensed real estate agent operating real estate brokerage business under the trade name of “D Licensed Real Estate Agent Office”.

The defendant entered into a mutual aid contract (insurance amount of KRW 100 million) with the content that covers the damage when the damage was inflicted on the parties to the transaction by intention or negligence in mediating real estate between C and C.

(2) E is the owner of the 3rd apartment house and the 4th apartment house in the Ho-dong in the Gyeonggi-si.

(hereinafter “instant building and site.” As a broker of C, the Plaintiff entered into a lease agreement with E (hereinafter “instant lease agreement”) with the terms and conditions that the Plaintiff shall lease each of the instant housing units I (hereinafter “instant housing”) at KRW 80,00,000, and the term of the lease on October 31, 2013 through October 30, 2015, respectively (hereinafter “instant lease agreement”).

B. (1) With respect to the instant building and its site at the time of the conclusion of the instant lease agreement, the instant lease agreement was registered as to Gdong on October 4, 2010 (the maximum bond amount of KRW 338,00,000,000, the debtor E-mortgage, and the JJ association), additional contract to establish a collateral security and the subsequent agreement on Hdong on July 21, 2011 (the maximum bond amount of KRW 338,000,000, E-mortgage, the debtor, the E-mortgage, and the JJ association). ② Joint registration of establishment of a collateral security (the maximum bond amount of KRW 299,00,000,000, the debtor E-mortgage, the debtor-mortgage, and the right to collateral security) as to Gdong and Hdong on July 21, 2011.

(2) Before the Plaintiff entered into a lease agreement with respect to the instant building, the first fixed date or small-sum lessee entered into a lease agreement with respect to each unit of the instant building, and the details of the said lessee’s deposit amount, the date of transfer, the fixed date, etc. are attached.

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