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(영문) 서울중앙지방법원 2018.10.05 2018가단5093508
공제금 등 청구의 소
Text

1. The Defendant: (a) KRW 25,634,917 to Plaintiff A; (b) KRW 21,009,466 to Plaintiff B; and (c) from July 17, 2018 to October 2018 to each of them.

Reasons

1. Basic facts

A. On November 16, 201, the Defendant concluded a mutual aid agreement with the licensed real estate agent E in the D Licensed Real Estate Agent Office for the deductible amount of KRW 100,000,000, and the period of mutual aid from November 16, 201 to November 15, 2012. On April 21, 2011, the Defendant concluded a mutual aid agreement with G with the licensed real estate agent G in the F Licensed Real Estate Agent Office for the deductible amount of KRW 100,000,000, and the period of mutual aid between April 23, 2011 to April 22, 2012.

B. H Co., Ltd. (hereinafter “H”) is the owner of Suwon-si I and J Multi-Family Housing (hereinafter “the instant building”). On February 20, 2012, Plaintiff A entered into a lease agreement with H as a broker of E to provide a deposit amounting to KRW 46 million for the instant building with KRW 46 million, and paid all the deposit money, and thereafter on March 2, 2012, the move-in report was made on March 2, 2012, and the fixed date was obtained on February 21, 2012. Plaintiff B entered into a fixed lease agreement with H as to the instant building with G as a broker of G on March 7, 2012, and received a fixed date on March 12, 2012.

C. Upon entering into the above lease agreement, E: (a) all the site of the instant building was owned by H; (b) and (c) solicited the conclusion of the contract without explanation as to the other lessees already occupied; (c) at the time, the instant building had already been occupied by the lessee as shown below.

The lease deposit (original) No. 45,000,000 of the date of the moving-in report for the lease of the tenant's name and occupation room for lease on January 18, 2012, QR No. 50,000,000 on January 18, 2012, and on March 2, 2012, QR No. 50,000,000 on March 6, 2012, UV No. 45,000,000 on March 6, 200, WO No. 50,000,000,000, 00, 000, 50,000 on March 23, 200, 12, 12, 47,000, ABA No. 10,0000, AB No. 1205, AB05, A. 205,205, A.2019

D. After the Plaintiffs moved into the Republic of Korea, AG corporation voluntarily filed an application for auction on the instant building to Suwon District Court AH on September 12, 2014.

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