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1. The Defendant’s KRW 21,00,000 as well as 5% per annum from May 12, 2015 to November 12, 2015 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On May 20, 2012, the Plaintiff, as a broker of the Defendant, leased 203 units of the D Ground Building (hereinafter referred to as the “instant building”) from C, Chungcheongnam-si, the lease deposit amount of KRW 70,00,000, and the lease term of KRW 203 years from June 30, 2012. On June 30, 2012, the Plaintiff received the above 203 units on June 30, 2012, and completed the move-in report on July 10, 2012, and obtained a fixed date as to the said lease agreement.
B. At the time of the Plaintiff’s lease of the above 203, the right to collateral security was established on the instant building with the maximum debt amount of KRW 572,00,000.
(Date) On March 23, 2012, the building of this case had a senior tenant with both opposing power and the fixed date prior to the plaintiff, E (Deposit KRW 70,000,000), F (Deposit KRW 15,000,000), G (Deposit KRW 30,000,000), H (Deposit KRW 70,000,000), I (Deposit KRW 70,000,00). On May 2, 2012, there was a small-sum tenant (Deposit KRW 10,000,000) who filed a move-in report on May 2, 2012.
C. The above building was sold at KRW 755,550,00 in the auction procedure with respect to the instant building [Cheongju District Court Cheongju Branch K, L, and L], and the Plaintiff was unable to recover at all the lease deposit due to the lack of the proceeds from the sale.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 5, 12 (including branch numbers), the purport of the whole pleadings
2. The Plaintiff’s assertion is explained by the Defendant, who was delegated by C, the owner of the instant building, which is a multi-family house, to the effect that “other rooms are rent 1.1 billion won or 1.2 billion won, and set rent 203 million won,” and “No doubt is possible as the owner of the instant building, who is a large amount of money with C, the owner of the instant building,” and that “The maximum debt amount of the right to collateral security established on the instant building is KRW 572,00,000, but the actual debt amount is KRW 440,00,000, while the market price of the said building is KRW 1.1 billion or KRW 1.2 billion, it is safe to view.” On May 20, 2012, the Plaintiff leased subparagraph 3 of the said building.