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(영문) 서울중앙지방법원 2020.06.22 2018가단64413
공제금 청구
Text

1. The Defendant’s KRW 86,837,520 for the Plaintiff and KRW 5% per annum from December 20, 2018 to June 22, 2020.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff acquired the right of lease as follows as D’s brokerage, and D is a person who operates the E Licensed Real Estate Agent Office after registering the establishment of the brokerage office in the name of the Defendant joining the Defendant, and the Defendant’s Intervenor is a licensed real estate agent who received benefits from D and served in the E Licensed Real Estate Agent Office. 2) On January 2014, the Defendant concluded a guarantee insurance contract with the Defendant’s Intervenor and the amount of insurance coverage KRW 100 million, and the insurance period from January 27, 2014 to January 26, 2015 (hereinafter “instant guarantee insurance contract”). According to the said guarantee insurance contract, if the Defendant is liable for damages under Article 30 of the former Licensed Real Estate Agents’s Business Affairs and Report of Real Estate Transactions Act to the broker applicant, the Defendant would have the Defendant paid the insurance proceeds to the broker.

Meanwhile, according to Article 18 of the Terms and Conditions of the Guarantee Insurance Contract, if the right to claim insurance is not exercised for two years, the extinctive prescription expires.

B. 1) On November 14, 2011, F means Young-gu G apartment Hho-gu, Suwon-gu, Suwon-si, Korea Land and Housing Corporation (hereinafter “instant apartment”).

) The lease deposit was leased KRW 160 million, KRW 700,000 per month, and KRW 200,000 from the date of occupancy in the lease term (hereinafter the above lease is referred to as “instant lease contract”), and the lessee’s right to the lease under the contract is referred to as “the instant lease right.”

(2) On June 15, 2014, the Plaintiff transferred the right of lease to the instant apartment from D’s brokerage, and from the time on which, up to September 29, 2014, paid KRW 19.2 million in total to D with the transfer proceeds, and KRW 5 million in total as brokerage commission.

(hereinafter referred to as “instant lease transfer agreement”). 3 However, around December 14, 2015, F did not comply with the procedure of submission of an application, etc. even after being notified by the Korea Land and Housing Corporation for renewal of the lease contract.

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