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(영문) 서울중앙지방법원 2016.06.24 2015가단5145910
공제금 청구
Text

1. The Defendant’s KRW 18,51,594 for the Plaintiff and its related KRW 5% per annum from June 10, 2016 to June 24, 2016.

Reasons

1. Basic facts

(a) B is a licensed real estate agent who runs the real estate brokerage business under the trade name of “C Licensed Real Estate Agent Office” and D is an “E Licensed Real Estate Agent Office”.

The defendant entered into a mutual aid agreement to compensate for the damage within the limit of KRW 100,000,000 if the damage was caused by intention or negligence on the part of the parties to the transaction in this case.

The defendant's mutual aid regulations stipulate that payment shall be made within 60 days from the date on which the claim for mutual aid is made.

B. On September 20, 2012, the Plaintiff entered into a lease agreement with F to lease an officetel 502 located in I (hereinafter “instant officetel”) with F, G, and H as a joint brokerage of B and D for the term from September 20, 2012 to September 27, 2013, and entered into a lease agreement with F to lease an officetel 502 located in I (hereinafter “instant officetel”) with the lease deposit amount of KRW 110,00,000, and the term of lease from September 28, 2012 to September 27, 2013. The Plaintiff received the said lease deposit from F and received the transfer of the deposit and received a fixed date on April 3, 2013.

C. At the time of the conclusion of the aforementioned lease agreement, the instant officetel concluded a registration of creation of a mortgage with the mortgagee, a new bank, and the debtor F as the maximum debt amount of KRW 1,950,000,000 with the maximum debt amount of KRW 3,302,000,000, the establishment of a mortgage and the maximum debt amount of KRW 1,248,000,000, the registration of creation of a mortgage with the maximum debt amount of KRW 1,248,000, the registration of creation of a mortgage with the maximum debt amount of KRW 387,40,000, the registration of creation of a mortgage with the maximum debt amount of KRW 387,40,00, Jun. 24, 201, respectively, each of the said mortgages completed the registration of creation of a mortgage with the maximum debt amount of KRW 29 households of an officetel, including the instant officetel.

(32 households, which were the initial joint security, have been excluded from the security due to partial waiver of December 12, 201).

After that, on August 2, 2013, among the officetels in this case, the procedure for compulsory auction was initiated by the Suwon District Court J for the shares of F, and thereafter on December 10, 2013.

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