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Reasons
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(영문) 서울중앙지방법원 2020.01.06 2019가단5048802
공제금 등 청구의 소
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1. The Defendant’s KRW 27,00,000 as well as 5% per annum from May 14, 2019 to January 6, 2020 to the Plaintiff.

Reasons

1. Basic facts

A. On July 9, 2017, the Plaintiff concluded a lease agreement (hereinafter “instant lease agreement”) with the owner F of the building D (hereinafter “instant building”) in Ulsan-gu, Seoul-gu, a licensed real estate agent, from July 9, 2017 to July 12, 2019, for the period of KRW 90,000,000, and the period from July 13, 2017 to July 12, 2019.

B. The Plaintiff paid KRW 9,00,000 as the down payment on the date of entering into the instant lease agreement. On July 13, 2017, the Plaintiff paid KRW 81,000,000 for the remainder of KRW 81,00,000 and moved in under the said subparagraph. On July 10, 2017, the Plaintiff filed a move-in report and completed the fixed date.

C. At the time when the Plaintiff entered into the instant lease agreement, the registration of the establishment of a lease on a deposit basis with the maximum debt amount of KRW 520,000,000 was completed, and the registration of the establishment of a lease on a deposit basis of KRW 45,00,000 was completed for the instant building. On July 13, 2017, the Plaintiff completed the registration of the establishment of a lease on a deposit basis of KRW 90,000 for the instant building.

이 사건 임대차계약 체결 당시 C가 원고에게 작성ㆍ교부한 중개대상물 확인ㆍ설명서에 「⑨ 실제 권리관계 또는 공시되지 않은 물건의 권리 사항」란에 ‘임대인은 선순위 임차보증금 구두로 고지함’이라고 기재되어 있다.

E. However, on May 3, 2018, upon the application of the G Union, a voluntary auction was commenced at the Ulsan District Court H with respect to the instant building and site, and the bid price was sold at KRW 705,100,000 in the said auction procedure. The Plaintiff did not have any amount distributed in the said auction procedure.

F. Meanwhile, on December 17, 2016, C and the Defendant entered into a mutual aid agreement with the effect that the period of mutual aid between the Defendant was from December 18, 2016 to December 17, 2017, and that the amount of mutual aid was determined as KRW 100 million to guarantee liability for damages arising from the act of brokerage.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff C, a licensed real estate agent, is the Plaintiff in mediating the instant lease agreement.

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