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1. The Defendant’s KRW 34,327,351 as well as 5% per annum from August 12, 2017 to August 30, 2018 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On July 28, 2009, in relation to Yongsan-gu Seoul Metropolitan Government Multi-household Housing 202 (hereinafter “instant housing”), the ownership transfer registration was completed under D’s name with “the cause of the sale as of June 26, 2009, the transaction price of KRW 310,000,000,” and thereafter, on July 30, 2012, the establishment registration was completed for the debtor D, the maximum debt amount of KRW 170,40,000 in the name of the Central Agricultural Cooperative of Yongsan-gu Seoul Metropolitan City.
B. On January 17, 2014, the instant lease agreement through the brokerage of the broker E, the Plaintiff entered into a lease agreement to rent the instant housing amounting to KRW 90,000,000 through the brokerage of E, a real estate agent with the name of “F”, which is affiliated with the Defendant’s mutual-aid business and licensed real estate agents.
At the time, the broker E signed and sealed the lessor's agent as the lessor D.
At the time of the above lease agreement, the Plaintiff was aware that the establishment registration of a mortgage over the maximum debt amount of KRW 170,400,000 has been completed, and then later, it would be difficult to recover KRW 90,000,000 for the broker E, so that the market price of the housing would be 310,000,000 won in the transaction value in 2009, and as such, E, based on the fact that the transaction value was registered as KRW 31,10,000,000 in the copy of the register as above, the housing price is 170,40,000 won in the maximum debt amount, and the difference between the market price and the housing price is 130,000,000 won, so the Plaintiff’s deposit is secured safely. Accordingly, the Plaintiff still had concerns over returning the deposit amount of KRW 90,000,000,000 in the lease agreement.
C. However, on November 2016, Seoul Western District Court rendered a voluntary decision to commence the auction on the ground that the lessor was unable to repay the loan to the mortgagee, and thereafter, the decision to commence the auction was subsequently rendered.