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(영문) 대구지방법원서부지원 2017.09.28 2017가단52129
임대차보증금
Text

1. The Defendants jointly share the Plaintiff KRW 70 million, and Defendant B with respect thereto, from March 28, 2017, and Defendant C, from March 28, 2017.

Reasons

1. Facts of recognition;

A. On March 23, 2016, the Plaintiff, as a licensed real estate agent, leased KRW 203,00,000,000 from Defendant C to KRW 70,000,00,000 of the land-based multi-family house E (hereinafter “instant building”) under the joint mediation between Defendant B (a lessee’s broker) and D (a lessor’s broker), which was a licensed real estate agent (hereinafter “instant lease”); and on March 28, 2016, the Plaintiff filed a move-in report to the instant building and obtained a fixed date in the lease agreement.

B. At the time of the conclusion of the instant lease agreement, Defendant B: (a) stated that Defendant B “the contact with a tenant to find out the current status of the tenant deposit; and (b) sought from Defendant C the words “existing tenant’s deposit amount of KRW 200 million” from Defendant C by telephone, and transferred this to Defendant B.

As to the instant building and its site, Defendant B and D confirmed and explained to the Plaintiff that there was “200 million won of lease deposit” as the rights of objects not publicly notified in addition to the right to collateral security in total amount of KRW 390 million.

However, since then, the total amount of security deposit of tenants who take precedence over the plaintiff is up to KRW 500 million, excluding the security deposit of the plaintiff from the auction procedure regarding the building of this case.

C. On March 2, 2017, the Daegu District Court rendered a decision of permission for sale on the instant building and its site in the case of the F Real Estate Discretionary Auction for the Western Branch of the Daegu District Court on the instant building and its site, and on April 27, 2017, a distribution schedule of KRW 741 million was prepared on April 27, 2017, and the Plaintiff did not receive dividends.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, Eul evidence 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

(a) Judgment on the cause of the claim 1 licensed real estate agent shall confirm the state, location, relationship of rights, etc. of the object of brokerage before the completion of the brokerage and explain it faithfully and correctly to the brokerage client who intends to acquire the right of the object of brokerage, and land cadastre.

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