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(영문) 창원지방법원진주지원 2019.12.04 2019가단33070
임대차보증금
Text

1. The Defendants jointly share KRW 25,500,000 with respect to the Plaintiff and 5% per annum from February 11, 2019 to December 4, 2019.

Reasons

1. Facts of recognition;

A. On August 20, 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the broker of Defendant B, a licensed real estate agent, with respect to the lease deposit amount of KRW 85 million, and the lease deposit amount of KRW 85 million from August 31, 2016 to August 30, 2018, with respect to the multi-family house located in Jinju-si (hereinafter “instant building”). After paying the lease deposit amount of KRW 85 million to D, the Plaintiff received the transfer of the said subparagraph and received a fixed date on August 24, 2016.

B. At the time of the conclusion of the instant lease agreement, the establishment registration of the mortgage on the instant building was completed with the maximum debt amount of KRW 260 million, KRW 14 million, and KRW 236 million, which was KRW 36 million, with respect to the instant building, with respect to each of the collective security holders, on the other hand.

(total amount of KRW 600 million). (c)

At the time of the conclusion of the instant lease agreement, Defendant B explained the maximum debt amount to the Plaintiff regarding the instant building and its site, and indicated in the column for “right other than ownership” of the description verifying the object of brokerage attached to the instant lease agreement. However, with respect to the details of lease agreement (the so-called lease agreement, which is a prior lease agreement, which does not pay monthly rent) of other tenants who had already resided in the instant building and had already been living in the instant building, explained that the total deposit amount of the prior lessee who had already resided in the instant building was KRW 38 million,000,000,000, and did not present evidentiary materials. In addition, even in the column for “the matters regarding the right of the object that has not been actual relation of rights or publicly notified” of the description verifying the object of brokerage, Defendant B issued to the Plaintiff a description verifying the object of brokerage, stating the total deposit amount of each lease deposit amount to KRW 48 million.

After February 21, 2018, G Cooperatives on the instant building.

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