beta
Text
1. The Plaintiff:
A. Defendant B and C jointly share KRW 70,000,000, and Defendant B with respect thereto from May 25, 2019.
Reasons
1. Facts of recognition;
A. On November 22, 2017, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant D, a licensed real estate agent, and his assistant, and with Defendant B, setting the lease deposit amount to KRW 70,00,000, and the lease term to November 30, 2017 with the lease deposit amount to KRW 70,000,00 among the multi-family houses with the fourth floor above G ground (hereinafter “instant building”).
B. The Plaintiff paid the Defendant B the remainder of KRW 7,00,000 on November 30, 2017, and KRW 63,000,000, respectively, on the day of entering into the instant lease agreement, and received the H around that time.
C. At the time of the instant lease agreement, Defendant D and E explained to the Plaintiff that the prior lessee of the instant building was the sum of KRW 90,000,000,00, and in the description of the object of brokerage prepared and delivered by Defendant D, the phrase “the matters regarding the right of the object that is not in fact related to the right or public notice” was indicated as the phrase “the aggregate of the deposit in advance (the confirmation of the lessor): KRW 90,00,000.”
However, according to the confirmed later, the total amount of the deposit actually leased by the lessee of the instant building was at least KRW 300 million.
E. As to the instant building, prior priority mortgage was established in the future of Nonparty I Association, but the auction procedure was commenced on February 22, 2018 upon the application of the I Association.
(C) The Plaintiff acquired ownership on January 9, 2019 after purchasing the building of this case at the above auction procedure. The Plaintiff acquired ownership on January 9, 2019.
F. Defendant D entered into a mutual aid agreement with Defendant FF Association (hereinafter “Defendant Association”).
G. Defendant C was the actual owner of the instant building, and around October 30, 2018, Defendant C was the actual owner of the instant building, and around March 30, 2019 to the Plaintiff, until March 30, 2019.