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1. The Plaintiff:
A. Defendant B’s KRW 95,00,000 and for this, KRW 5% per annum from March 20, 2016 to May 11, 2017.
Reasons
1. Facts of recognition;
A. (1) Defendant C is a licensed real estate agent conducting real estate brokerage business under the trade name of “E real estate brokerage”.
(2) The Defendant D Association (hereinafter “Defendant Association”) concluded a mutual aid agreement with Defendant C to ensure liability for damages according to the terms and conditions within the scope of the amount of the mutual aid agreement, where the Defendant C intentionally or negligently inflicted property damage on the parties to a transaction in the course of mediating with the amount of the mutual aid agreement as KRW 100,000,000, and the period of the mutual aid agreement from February 25, 2015 to February 24, 2016.
B. (1) On February 20, 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) between Defendant C as a broker, between Defendant C and Defendant B, with respect to the lease deposit amounting to KRW 95,00,000, monthly rent of KRW 50,000, monthly rent of KRW 50,000, and period of lease from March 19, 2016 to March 19, 2018.
(2) Under the instant lease agreement, the Plaintiff: (a) paid KRW 50 million to Defendant B as the provisional contract deposit on February 19, 2016; (b) KRW 9,500,000 as the remainder down payment on February 20, 2018; and (c) KRW 20,000 as the intermediate payment on March 5, 2016; and (b) paid KRW 65,00,000 as the remainder on March 20, 2016; and (c) paid KRW 95,00,000 in full and on March 20, 2016; and (d) moved into the instant multi-family house as G on March 20, 2016; (c) made a move-in report on April 11, 2016; and obtained a fixed date on April 12, 2016.
(3) At the time of concluding the instant lease agreement, the registration of creation of a neighboring mortgage (the mortgagee’s H safe) with respect to the instant multi-family house and its site was completed with the maximum debt amount of KRW 456,00,000, and the Defendant B explained to the Defendant C and the Plaintiff that the total sum of senior lease deposits under the lease agreement concluded with respect to the instant multi-family house was KRW 320,000,000.
Accordingly, the registration of the establishment of a mortgage on the part of the "rights" among the description of the object of brokerage.