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1. The Defendant’s KRW 25,00,000 as well as 5% per annum from May 14, 2019 to December 19, 2019 to the Plaintiff.
Reasons
1. Basic facts
A. C is the owner of the multi-family house stated in the attached real estate list, and D is the real estate agent of the E Licensed Real Estate Agent Office.
The defendant is a real estate mutual aid association which has entered into a mutual aid agreement with D and the deduction amount in KRW 100 million and the mutual aid period from March 2, 2017 to March 1, 2018.
B. On March 13, 2017, the Plaintiff entered into a lease agreement between C and the above multi-family house F with D on the basis of deposit of KRW 50 million, and received the move-in report and the fixed date on April 12, 2017, after fully paying the deposit, on April 10, 2017.
C. On February 15, 2011, the said multi-family house had been registered as the creation of a right to lease on a deposit basis, which caused KRW 260,000,000 for a person holding a right to lease on a deposit basis and KRW 33,00,000,000, based on No. 33057, which was received on June 22, 2011, with the Jeonju District Court’s Gunsan Branch, and the registration of establishment of a right to lease on a deposit basis was completed.
In addition, the above multi-family house as stated in the attached Form "the details of tenant at the time of auction", eight lessees entered into a lease contract with C for each of the corresponding units, and occupied and used, and seven remaining persons except I were all moving-in reports before the plaintiff move-in.
D In mediating the Plaintiff as to the above multi-family house F, the Plaintiff stated that “a mortgage which causes 260 million won of the maximum debt amount is established and that a lease on a deposit basis is established which causes 330 million won of the maximum debt amount as to the right relationship other than ownership,” and stated that “a lessee fails to submit a document of data research regarding the subject matter of a lease on a deposit basis” as “a request for data concerning the status of the subject matter of a lease on a deposit basis. It is a matter to be confirmed as of the date of a contract, and the lessee shall inspect, confirm, and explain the subject matter of a lease on a deposit basis as of the date of a contract,” and contrary to the above confirmation and specification, it is about the current status