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1. The Defendant’s KRW 17,00,000 as well as 5% per annum from February 19, 2019 to February 3, 2020 to the Plaintiff.
Reasons
1. Basic facts
A. On August 19, 2016, the Plaintiff concluded a lease agreement (hereinafter “instant lease agreement”) with the owner F and the deposit amount of KRW 85,000,000, monthly rent of KRW 50,000, and the period from September 12, 2016 to September 12, 2018 with respect to subparagraph (hereinafter “instant building”) among the buildings located D (hereinafter “instant building”).
B. At the time of entering into the instant lease agreement with F, the Plaintiff moved to F in the said subparagraph by paying the remainder of KRW 76,500,000, and KRW 76,500,000 as of September 12, 2016. A move-in report was made on September 12, 2016, and obtained the fixed date on August 19, 2016.
C. At the time when the Plaintiff entered into the instant lease agreement, the registration of creation of a mortgage in the aggregate of KRW 509,000,000 was completed on the instant building and site, and the priority was established on the aggregate of KRW 285,00,000.
이 사건 임대차계약 체결 당시 C이 원고에게 작성ㆍ교부한 중개대상물 확인ㆍ설명서에 「⑨ 실제 권리관계 또는 공시되지 않은 물건의 권리 사항」란에 ‘직접 설명함’이라고 기재되어 있다.
E. However, on February 6, 2018 upon the application of the Korea Asset Management Corporation, the voluntary auction was commenced by the Changwon District Court G for the instant building and site, and the bid price was sold at KRW 959,99,000 in the auction procedure. The Plaintiff did not have any amount distributed in the auction procedure.
F. Meanwhile, on February 1, 2016, C concluded a guarantee insurance contract between the Defendant and the Defendant to guarantee liability for damages arising from the act of brokerage by setting the guaranteed amount as KRW 100 million from February 10, 2016 to February 9, 2017.
[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's assertion C, a licensed real estate agent, may affect the return of deposit in mediating the lease contract of this case.