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1. The Defendant, jointly with C and Licensed Real Estate Agents Association, jointly with the Plaintiff KRW 41,539,739 and its related amount from May 3, 2016.
Reasons
1. Indication of Claim: The Defendant is the owner of multi-household housing in Seo-gu, Seo-gu, Seo-gu (hereinafter “instant housing”).
On January 29, 2015, the Plaintiff entered into a lease agreement with the Defendant for 303 units of the instant housing (hereinafter “instant lease agreement”) with a lease deposit of 65 million won, the lease term of 65 million won from March 3, 2015 to March 3, 2017 (hereinafter “instant lease agreement”). C is a licensed real estate agent who arranged the instant lease agreement.
Since then, the plaintiff continued to reside with the delivery of the leased object, and on August 5, 2015, the auction was conducted after a decision to commence compulsory auction was rendered on the instant house.
On December 31, 2012, prior to March 2, 2015, the date on which the Plaintiff had opposing power, the registration of establishment of a neighboring mortgage was completed, and thus, the Plaintiff became unable to claim the right of lease against the successful bidder at the auction.
The Plaintiff had caused the conclusion of the instant lease contract through C. However, C had detailed inquiries about the right to the instant housing to a third party who arranged the contract at the time of the contract. However, C, other than the right to collateral security amounting to KRW 390,000,000, which is indicated in the registry, only the amount of deposit for 50 million won is more than the amount of deposit for the creditor South-North Korea Union, the maximum debt amount, and the maximum debt amount, which is indicated in the registry, and all other lessees
However, on January 29, 2015, when the Plaintiff entered into the instant lease agreement, there were nine lessees with opposing power in the instant housing, and the amount of the deposit to be returned by the Defendant to the said nine persons was reached KRW 300,000,000.
The amount of money financed by the Defendant prior to the conclusion of a lease agreement or a contract establishing a mortgage (the maximum debt amount of KRW 390,000,000) reaches the total amount of KRW 690,000 (the maximum debt amount of KRW 390,000,000) and the appraisal value of the instant housing and its land.