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(영문) 서울중앙지방법원 2019.11.29 2019가단5074498
공제금 등 청구의 소
Text

1. As to Plaintiff A’s KRW 9,200,00, and KRW 16,400,000 to Plaintiff B, and each of the said money respectively, from June 8, 2019.

Reasons

1. Basic facts

A. The relevant Plaintiffs are tenants who have concluded a lease agreement with respect to multi-family houses in Suwon-si E (hereinafter “instant house”) owned by D, and F is G Licensed Real Estate Agent Office and H is a licensed real estate agent who runs real estate brokerage business under the trade name of the I Licensed Real Estate Agent Office. The Defendant entered into a mutual aid agreement with F and the amount of deduction, from January 29, 2018 to January 28, 2019, from January 29, 2019; H and the amount of deduction; the amount of deduction; the period of deduction; and the period of deduction from June 17, 2017 to June 16, 2018.

B. Upon entering into each of the instant lease agreements, D and Plaintiff A entered into each of the instant lease agreements with the F, with respect to the instant housing J on February 18, 2018, from February 25, 2018 to February 24, 2020, with respect to the lease deposit of KRW 45 million, and from February 25, 2018 to February 15, 2020, Plaintiff B entered into each of the instant lease agreements with the H’s broker with respect to the instant housing K as of July 15, 2017, with the lease deposit of KRW 63 million and the term of lease from August 14, 2017 to August 13, 2019.

(hereinafter referred to as “each of the instant lease agreements”) C.

The Plaintiffs paid all deposits for lease in accordance with each of the instant lease agreements, a move-in report, and a fixed date date, and the Plaintiff A paid all deposits for lease, and the Plaintiff B received each move-in report and the fixed date on July 18, 2017.

The auction procedure regarding the instant housing was commenced and distributed, on the other hand, with the Suwon District Court L, with respect to the instant housing. In that auction procedure, the Plaintiffs received dividends in the amount of KRW 2,00,000 as a small lessee.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 6, 10 through 12, the purport of the whole pleadings

2. The plaintiffs' assertion and judgment on this issue

A. In mediating a lease contract for a part of a multi-family house, the broker who established the liability for damages is a multi-family house necessary to determine whether the lessee can receive a refund of the deposit after the lease contract is terminated.

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