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(영문) 서울중앙지방법원 2019.05.03 2018가단5053869
공제금 등 청구의 소
Text

1. The Defendant: (a) from June 9, 2018, to Plaintiff A, KRW 12,703,745, and KRW 12,703,745 for each of them.

Reasons

1. Facts of recognition;

A. E is a person who was the owner of the F site and the 8th floor above that site in Suwon-si, Suwon-si (hereinafter “instant building”). The instant building was constructed for the purpose of the Gosiwon, but was actually used as a multi-family house by dividing into 39 units, each of 7 units, each of 2-4 floors and 6 units, each of 5-7 floors, each of 39 units.

On April 26, 2011, the registration of the establishment of a mortgage on the instant building site, etc. was completed prior to the establishment of a mortgage on April 26, 201 G Co., Ltd. and the maximum debt amount of G,040,000,000.

B. On February 2, 2016, Plaintiff A entered into a lease agreement between E and a licensed real estate agent H by setting a deposit of KRW 50 million with respect to title I, and the period from February 3, 2016 to February 3, 2017, and obtained a fixed date on February 4, 2016.

C. On April 11, 2016, Plaintiff B entered into a lease agreement between E and a licensed real estate agent H by setting a deposit of KRW 55 million and the period from April 21, 2016 to April 21, 2018 with respect to the instant building, and obtained the fixed date on April 12, 2016.

Plaintiff

C A. On June 29, 2016 between E and E as a broker of H, a lease contract was concluded between E and a deposit of KRW 55 million for the instant building, and the period from July 22, 2016 to July 22, 2018. A fixed date was obtained on June 30, 2016.

E. Of the confirmation and explanatory note of the object of brokerage prepared and delivered by H to the plaintiffs, the term "rights relationship" includes "rights other than ownership," and the term "matters of rights with respect to the object which is not yet publicly announced or actual relation of rights" as "the amount of KRW 600 million for the lease deposit against the plaintiff (the oral statement of the building owner)", "the amount of KRW 600 million for the lease deposit against the plaintiff Eul," and "the amount of KRW 380 million for the lease deposit against the plaintiff Eul," and "the amount of KRW 380 million for the lease deposit against the plaintiff Eul," and "the amount of KRW 80 million for the lease deposit against the plaintiff Eul," among total 39 units.

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