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The defendant's KRW 12,00,000 for the plaintiff and 5% per annum from January 18, 2020 to October 20, 2020 for the plaintiff.
Reasons
1. Facts of recognition;
A. (1) On March 24, 2017, the Plaintiff entered into a lease agreement, as a broker under the Licensed Real Estate Agents Act, from among multi-family houses in Ulsan-gu E (hereinafter “instant real estate”), F (hereinafter “instant real estate”) between D and D, and the said multi-family house is “the instant multi-family house”.
(C) A lease agreement between April 2, 2017 and October 1, 2018 (hereinafter “instant lease agreement”) with a security deposit of KRW 60,000,000, and the term of lease from April 2, 2017 to October 1, 2018.
(2) The instant multi-family house consists of ten households in total, and at the time of the Plaintiff’s conclusion of the instant lease agreement, the lease deposit was KRW 480,000,00 for eight households among the instant multi-family house, and the total amount of the lease deposit was KRW 480,00,000 for the instant multi-family house. As regards the site and building of the instant multi-family house, the mortgage-mortgage was established, which was the maximum debt amount of KRW 416,00,000 for the instant multi-family
3) The phrase “matters of rights other than ownership” refers to the “matters of right other than the right” that C prepared and delivered to the Plaintiff at the time of brokerage of the instant lease agreement. However, the term “matters of right related to the real relationship or the object not publicly notified” merely states that “the lessor notifies the lessee of the fact that the lessor was 250,000,000 won for the deposit money for lease on a preferential basis,” and does not state any details concerning the amount of the deposit for lease, the timing and termination period of the lease. 4) The Plaintiff paid all the deposit to D on April 2, 2017, and later transferred the instant real estate to D on April 7, 2017 and completed the move-in report and received the fixed date on the same day.
B. On April 17, 2018, the G Union, the mortgagee of the instant multi-family house, filed an application for the auction of the instant multi-family house with the Ulsan District Court on the site and building of the instant multi-family house.