logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2019.04.24 2018가단113079
임대차보증금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 29, 2016, the Plaintiff entered into a lease agreement with the Defendant B, a licensed real estate agent, for an aggregate building G (hereinafter “instant real estate”) under the name of “F” located in D and Kimcheon-si, for the lease deposit amounting to KRW 50,00,000, and for the lease period from April 30, 2016 to April 2, 2018 (hereinafter “instant lease agreement”).

The real owner of the instant real estate is H, and H entered into the instant lease agreement on behalf of D.

B. On May 15, 2014, prior to the conclusion of the instant lease agreement, the instant real estate was created a joint collateral of 12 units, including the instant real estate, with the FF “F as a joint collateral,” and with the amount of maximum debt 650,000,000 units for the first association of the mortgagee and the maximum debt amount.

First, the secured obligation of the joint collateral security was KRW 50,000,000, but only KRW 189,914,920 existed at the time of the conclusion of the instant lease agreement. Accordingly, the object of the joint collateral security was reduced to five debt due to the partial renunciation of the mortgagee’s right to collateral security.

At the time of the instant lease agreement, the amount to be repaid to cancel the joint collateral security established on the instant real estate was expected to be KRW 44,000,000.

C. The Plaintiff and D determined that “The present loan amount of the instant real estate is KRW 40,00,000,000, and the maximum debt amount on the entire certificate of the registered matters shall be the matters not entered in the public record and shall be adjusted by the lessor.”

(hereinafter “instant special agreement”). Defendant B also delivered to the Plaintiff a description of confirmation of the object of brokerage indicating the actual maximum debt amount of the instant real estate amount of KRW 40,000,000.

On March 17, 2015, the Defendant C Association concluded a mutual aid agreement with Defendant J on March 17, 2015, which shall be from April 1, 2015 to March 1, 2016.

The above mutual aid contract shall be made to the parties to the transaction by intention or negligence when the licensed real estate agent acts as a real estate transaction broker.

arrow