logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원진주지원 2020.06.09 2019가단37515
임대차보증금 등 반환
Text

1. Defendant B’s KRW 78,00,000 as well as 5% per annum from October 1, 2019 to November 29, 2019, respectively, to the Plaintiff.

Reasons

1. Facts of recognition;

A. On February 1, 2019, the Plaintiff entered into a lease agreement with Defendant C, a licensed real estate agent, on the whole of the second floor of the apartment house E on the ground (hereinafter “instant apartment house”) in Jinju and Jinju, setting the deposit amount of KRW 78,00,000, and the lease period from February 15, 2019 to February 14, 2021 (hereinafter “instant lease agreement”), and paid the said deposit to Defendant B.

B. The instant multi-family house was established prior to the conclusion of the instant lease agreement (hereinafter “the instant multi-family house”) in the form that the two households of the first floor and the third household units of the second floor can move in. At the time of the conclusion of the instant lease agreement, senior collateral security (the highest claim amount of KRW 168,000,000, and the FF association of the mortgagee (a

At the time of entering into the instant lease agreement, Defendant C notified the Plaintiff of the senior mortgage on the instant multi-family house, and notified the senior lease deposit as KRW 65 million, and stated the senior lease deposit in the statement of confirmation of the object of brokerage.

A fixed date of KRW 1 I 85 million on the date of the transfer of the lease term of a lessee deposit to 1 I 85 million to February 6, 2018; from February 5, 2020 to February 5, 2018, KRW 2 L 40 million on January 10 through January 9, 2018; KRW 120 million on January 10, 2018; KRW 300,000 on January 3, 2018; KRW 120 million on January 3, 2018 to January 3, 2018; KRW 300,000 on January 23, 2018 to January 3, 2019; and Plaintiff 200,000 won on January 3, 2018 to 300,000 won on January 24, 2019;

C. On April 25, 2019, upon the request of the FF association, the auction procedure of real estate rent was initiated at the court H with respect to the instant multi-family housing.

(hereinafter “The instant voluntary auction procedure”). In the instant voluntary auction procedure, the FF association reported KRW 142,190,753 as the secured claim, and as a result of the investigation of real estate status, the rent of the instant multi-family house was as listed below. The appraised value of the instant multi-family house was limited to KRW 286,738,00.

Ultimately, the instant housing was sold in KRW 225,100,000, and the Plaintiff demanded the distribution on June 25, 2019, but was on June 2020.

arrow