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(영문) 서울중앙지방법원 2020.01.17 2019나3973
공제금 등 청구의 소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. On April 23, 2015, the Defendant entered into a mutual aid agreement between a licensed real estate agent C and a licensed real estate agent C to compensate for losses suffered by the client due to the brokerage accident of C from May 15, 2015 to May 14, 2016.

On March 10, 2016, the Plaintiff entered into a contract with D on March 10, 2016, under which the part of subparagraph F in the unit E of the unit E of the unit E of the previous city E (hereinafter “the unit house of this case”) was leased at KRW 65,00,000, and the same year.

4. 7. The move-in report and the fixed date shall be completed while paying the full amount of the deposit by July.

At the time of the above lease, the establishment registration of the mortgage in the multi-family house of this case was completed over the maximum debt amount of 455,000,000 won.

C The description of confirmation of the object of brokerage delivered by C along with the certificate of registered matters to the Plaintiff was written as "one case in land and building in the column of rights other than ownership", and the actual relation of rights or matters of rights other than the public notice was recorded as public column.

After that, on May 18, 2017, G Union applied for a voluntary auction to the Jeonju District Court H with respect to the instant multi-family house. At the above auction procedure, the appraised value of the instant multi-family house was KRW 502,606,580, and was actually sold at KRW 461,920,000.

On June 20, 2018, the above auction court distributed 293,00,000, 37,000,000, 37,000,000, 37,000, 37,000, 54,802,156, and 34,58,147, 34,147, respectively, to the Plaintiff, who is the lessee of the above collateral security.

[Ground for Recognition: Facts without dispute, entry of Gap1 to 10 evidence, purport of the whole pleadings]

2. Determination as to the cause of action

A. The Plaintiff’s assertion C confirms and explains to the Plaintiff the matters that may affect the return of the Plaintiff’s deposit, such as the value of the house, the amount of priority mortgage creation, and the deposit money of the lessee in order to mediate the lease contract for the instant multi-family house.

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