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(영문) 서울중앙지방법원 2020.06.10 2019가단5043654
공제금 등 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. C is a person who was the owner of a multi-family house D in the Gunsan-si (the fourth-story 14 households, hereinafter “the instant multi-family house”).

B. On August 20, 2017, the Plaintiff entered into a lease agreement with F, a practicing licensed real estate agent operating the “E Licensed Real Estate Agent Office”, setting lease deposit amounting to KRW 65 million between G and the instant multi-family house (hereinafter “instant real estate”) of KRW 70 square meters among G and the instant building, and the term of lease from August 25, 2017 to August 24, 2018 (12 months) (hereinafter “instant lease agreement”).

On August 20, 2017, the date of entering into the instant lease agreement, the Plaintiff paid KRW 6.5 million to C as the down payment and the deposit, and paid KRW 58.5 million on August 25, 2017, and thereafter occupied the instant real estate.

The Plaintiff completed a move-in report on August 23, 2017, and received a fixed date on August 30, 2017.

C. At the time of entering into the instant lease agreement, the phrase “request for data on the state of an object” in the F name description of the object of brokerage (hereinafter “instant confirmation description”) prepared and issued to the Plaintiff is indicated as follows: “The lessor shall submit the data survey document regarding the object of the instant lease. It is identified as of the date of the contract, and the lessee shall inspect, verify, and explain the object of the contract; and “rights relationship” as “the maximum amount of claim for collateral security is KRW 372,00,000,000,000 and KRW 37,7,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000

At the time of the conclusion of the instant lease agreement, the lessee had already occupied the instant multi-family house in a significant number of rooms, as well as the said right to collateral security and right to lease on a deposit basis.

(The first priority over the plaintiff was 448,000,000 won in total, and among them F's brokerage amount was 245,000,000 won.

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