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(영문) 서울중앙지방법원 2019.01.28 2017가단5056885
공제금 등 청구의 소
Text

1. The Defendant’s KRW 50,000,000 as well as the Plaintiff’s annual rate from May 28, 2017 to January 28, 2019.

Reasons

1. Basic facts

A. On October 4, 2013, the Plaintiff, as a broker of C, a practicing licensed real estate agent, leased Nos. 1 and 2 multi-family houses located on the Gyeonggi-si land E (hereinafter “instant building”) from D in Gwangju-si, with a deposit of KRW 100 million (hereinafter “the instant lease”), and obtained a fixed date on November 11, 2013. On November 22, 2013, the Plaintiff completed the move-in report at the same time as he/she fully paid a deposit and moves into the said F.

B. At the time of the instant lease contract, the instant building and its site had already been registered as 637,00,000 won for the aggregate of maximum debt amount of 1,200,000, and the instant building had the opposing right with a fixed date of 525,00,000 won for the lease deposit or deposit money for lease, and the lessee G, H, I, J, J, K, L, M and N were examined, and around that time, the entire market price of the instant building and its site did not reach KRW 1.1 billion. If the auction procedure commences later on the instant building and its site, the Plaintiff could not recover the total deposit amount of the instant lease deposit if the Plaintiff were to enter into the auction procedure later on the instant building and site. From the perspective of the Plaintiff at the time of the instant lease contract, the instant building fell under the so-called ---called open-open house.

C. Despite his inquiry, C, a broker, did not inform the lessor D of the details of the senior lease existing in the instant building and refused to provide the relevant materials, but did not completely silent the aforementioned circumstances without notifying the Plaintiff. In the process of mediating the instant lease, there was no other explanation to the Plaintiff as to the specific status or details of the senior lease.

However, C is entitled to secure the recovery of the lease deposit in the event of establishing the right to lease on a deposit basis or subscribing to the return guarantee of the deposit for lease on a deposit basis with the Plaintiff.

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