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(영문) 서울중앙지방법원 2020.02.18 2018가단5278064
공제금 등 청구의 소
Text

1. The Defendant’s KRW 27,500,000 as well as 5% per annum from March 11, 2019 to February 18, 2020 to the Plaintiff.

Reasons

1. Basic facts

A. On September 18, 2014, the Plaintiff concluded a lease agreement (hereinafter “instant lease agreement”) with the broker of a licensed real estate agent C, setting the lease deposit amount to KRW 55,00,000, and the lease term to October 19, 2014, with respect to the apartment house E located in D (hereinafter “instant apartment house”) F, which is owned by D.

The Plaintiff paid all deposits on October 19, 2014, and completed a move-in report on November 3, 2014 and received the fixed date on the same day.

B. On December 9, 2013, C entered into a mutual aid agreement with the Defendant (hereinafter “instant mutual aid agreement”) with a content that compensates the client’s damages incurred by the brokerage accident within the scope of KRW 100,000,000 during the mutual aid period (from December 24, 2013 to December 23, 2014).

C. At the time of the instant lease agreement, the instant multi-family house and its site had been set up with the maximum debt amount of KRW 325,000,000 under the name of G Association, and the said mortgage was transferred to the Korea Asset Management Corporation on August 21, 2017.

Each lease on a deposit basis of KRW 55,00,000 was established in three cases. The lease agreement details of the lessee who had already occupied in the instant multi-family house at the time the Plaintiff entered into the instant lease agreement are as shown in the attached Form.

Of the description of confirmation of the object of brokerage prepared and delivered by C to the Plaintiff, the term “rights” refers to “rights other than ownership,” and the term “rights other than real rights or the right matters of the object which are not publicly announced” of G Union refers to “rights other than ownership.”

E. On June 16, 2017, the appraised value as of June 16, 201 was KRW 789,553,440 in total of the instant multi-family house and site, and was inspected several times.

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