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(영문) 대전지방법원 2020.07.14 2019가단129484
임대차보증금
Text

1. Defendant B’s KRW 40,000,000 as well as 5% per annum from August 20, 2019 to October 21, 2019, respectively, to the Plaintiff.

Reasons

1. Determination as to the claim against the defendant B

(a)as shown in the reasons for the attachment of the claim;

(b) Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act of the applicable provisions of Acts (a judgment made by deeming the relevant provisions as private capital);

2. Determination as to the claim against Defendant C or the Association

A. Basic facts 1) Defendant C, as a licensed real estate agent, operated the “F Licensed Real Estate Agent Office” in Daejeon-gu, Daejeon-gu. 2) Defendant C and the Defendant Association concluded a mutual aid agreement to compensate for damages to a transaction party within KRW 100,000,00, when Defendant C intentionally or negligently caused property damage to a transaction party in performing real estate brokerage, with the period of mutual aid from July 16, 2015 to July 15, 2016.

(hereinafter “instant mutual aid contract”). The Plaintiff and G on June 16, 2016, as the broker of Defendant C, are the fourth floor multi-family houses owned by G (hereinafter “instant building”) located in Daejeon Dong-gu, Daejeon as the broker of Defendant C.

(A) As to subparagraph I, a lease agreement was concluded between June 21, 2016 and June 20, 2018 (hereinafter “instant lease agreement”).

A) Of the description of confirmation of the object of brokerage attached to the instant lease agreement, the phrase “rights other than ownership” includes the purport that the right to collateral security is established with a maximum debt amount of 546 million won, and the phrase “Bhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

5) On December 29, 2017, Defendant B completed the registration of ownership transfer based on payment in kind with respect to the instant building. (6) On September 10, 2018, Defendant B is the mortgagee of a collective security right.

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