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(영문) 서울중앙지방법원 2017.01.19 2016가단5041947
임대차보증금
Text

1. The plaintiff's lawsuit against the defendant C shall be dismissed.

2. Defendant B: (a) KRW 43,425,653 on April 2016, as well as on the Plaintiff.

Reasons

1. Basic facts

A. Defendant C is a person who operates an office of licensed real estate agents under the trade name of “E Licensed Real Estate Agent Office” in Ulsan-gu, Ulsan-gu.

On March 1, 2014, the Defendant Korean Licensed Real Estate Agent Association (hereinafter “Defendant Association”) concluded a mutual aid agreement with Defendant C, setting the period of mutual aid between March 2, 2014 and March 1, 2015, with the content that, in the event that the Defendant C, while acting as a real estate broker, causes property damage to the transaction party on purpose or by negligence, the Defendant C entered into a mutual aid agreement with the transaction party to pay mutual aid money within the limit of KRW 100,000,00.

B. On April 8, 2014, the Plaintiff leased the rent deposit of KRW 55,00,000,000, and the lease term of KRW 10,000 from April 10, 2014 to April 10, 2016 (hereinafter “instant lease contract”) from Defendant B, under the mediation of Defendant C, the Plaintiff paid KRW 55,00,000,000 to Defendant B.

C. Defendant B is the entire owner of the Fudio, a multi-family housing (multi-household housing) composed of 4 floors and 18 units (hereinafter “instant building”).

At the time of the instant lease agreement, the entire building of this case set the right to collateral security of KRW 390,000,000, total sum of the maximum debt amount in the name of the Ulsan Saemaul Depository.

At the time of the instant lease agreement, Defendant C notified the Plaintiff of the right to collateral security in the name of the Namsan Saemaeul Community Depository, which was established on the instant building, and stated in the description verifying the object of intermediation. However, it did not verify and explain matters concerning the amount of lease deposit, time and termination date of lease, etc. of other tenants residing in the instant building at the time of the instant lease agreement, and did not state such matters in the column of “the right to collateral security in the actual relation of rights or the right to any

E. The building of this case at the Ulsan District Court on August 6, 2014.

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