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(영문) 대전지방법원 2016.04.26 2015가단4914
임대차보증금반환 등
Text

1. Defendant B pays to the Plaintiff KRW 21,000,000.

2. Defendant C and the Korean Licensed Real Estate Agent Association are as Defendant B.

Reasons

1. Basic facts

A. Defendant C is a licensed real estate agent prescribed by the former Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act (amended by Act No. 12374, Jan. 28, 2014; hereinafter “Act”); Defendant Korea Licensed Real Estate Agents Association (hereinafter “Defendant Association”) concluded a mutual aid agreement with Defendant C with a mutual aid business entity established to guarantee liability for damages caused by the act of brokerage of licensed real estate agents, as a mutual aid business entity established to guarantee liability for damages caused by the act of brokerage of licensed real estate agents. The mutual aid agreement was concluded between April 5, 201 and April 4, 2012.

B. On January 29, 2012, the Plaintiff entered into a lease agreement with Defendant C as the broker, and paid D the lease deposit amount of KRW 40,000,000, total amount of KRW 400,000, and KRW 40,000,000,00 as the lease deposit, among the multi-family houses of the fourth floor located in Seo-gu, Daejeon Special Metropolitan City (hereinafter “instant building”) located in D and D (hereinafter “instant building”). On March 5, 2012, the Plaintiff paid D the remainder amount of KRW 4,00,000 on January 29, 2012, and KRW 36,00,000, total of KRW 40,000,000 as the lease deposit.

(Plaintiffs moved into the house of this case on March 5, 2012, obtained a fixed date in the same day lease contract, and completed a move-in report).

At the time of the instant lease agreement, the instant building and its site were set up with the maximum debt amount of KRW 650,000,000, and the right to collateral security, a dry field Saemaul Depository, which was the mortgagee, and there were prior lessees, such as Nos. 1 through 5 in the table below.

Meanwhile, F and G concluded a lease agreement on 206, 201 among the instant building before the Plaintiff moved into the instant building, and obtained a fixed date in the lease agreement, and completed the move-in report.

(C) On October 24, 201, 201, 1 H 302 H 82,000,000,000 compared to the date of the moving-in report of the deposit for a lessee’s household, 5,000,000 J 305,45,000,000 for small-sum lessee 3 (small-sum lessee 305,000 on October 26, 201, 201, 4 K 306 82,000,000,000 for small-sum lessee 4306,82,000,000 on November 14, 201 to 15, 2003 L403 130,000,000,000 on November 5, 201.

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