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(영문) 전주지방법원 2020.11.03 2019가단11694
손해배상(기)
Text

The Defendants jointly share KRW 40,000,000 with respect to the Plaintiff, and Defendant B from May 11, 2019, and Defendant C from August 201, 2019.

Reasons

1. Facts of recognition;

A. On August 4, 2016, the Plaintiff entered into a lease agreement with the Defendants, a licensed real estate agent (Defendant B, the lessor, and Defendant C, the lessee) as the lease deposit amount of KRW 80,00,000,000,000 from August 30, 2016 to August 29, 2018 (the date of occupancy can be left by the lessee’s circumstances) with respect to the F from among the land buildings of the Seoul-gu Seoul Special Metropolitan City E (hereinafter “instant building”) owned by D, Seo-gu, Seoul Special Metropolitan City (hereinafter “instant building”). After paying the above lease deposit to D, the Plaintiff received a fixed date after completing the move-in report on August 29, 2016.

B. At the time of the conclusion of the instant lease agreement, the instant building and its site had been completed with the maximum debt amount of KRW 273,60,000,000 for the establishment of a mortgage over the first priority collective security interests, the establishment of a mortgage over the first priority collective security interests, and the maximum debt amount of KRW 160,80,000

C. Meanwhile, on July 15, 2016, before the Plaintiff entered into the instant lease agreement, Defendant B mediated the conclusion of the lease agreement by setting the lease agreement period from August 31, 2016 to August 30, 2018, with regard to the entire first floor H and the entire part of the first floor of the instant building as the lease deposit amounting to KRW 150 million, and the term of lease.

However, when the new lease contract for the apartment that had been previously set up in the former term was sexually dead, so that I can promptly move down as soon as possible, the said lease deposit was paid to D as soon as possible, and the moving-in report was completed on August 23, 2016, and obtained the fixed date after completing the move-in report.

However, as D failed to repay each of the above collateral obligations, the G Union filed an application for voluntary auction on the instant building and its site with the Jeonju District Court J, and the auction procedure was commenced on September 10, 2018.

The plaintiff filed a report on the right to claim the return of the lease deposit of this case and demanded the distribution in the above voluntary auction procedure, but the sale price remains after excluding the execution cost.

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