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(영문) 서울중앙지방법원 2019.06.18 2018가단5050037
공제금 등 청구의 소
Text

1. The Defendant: (a) KRW 2 million and the Plaintiff’s 5% per annum from May 20, 2018 to June 18, 2019; and (b).

Reasons

1. On January 17, 2015, the Plaintiff entered into a lease agreement with D as a broker of Licensed Real Estate Agents C with respect to subparagraph 3 of the Multi-Family Housing F located in Busan Metropolitan City on the basis of the brokerage of Licensed Real Estate Agents C, and moves into a lease deposit with five million won after paying the lease deposit.

1. The moving-in report and the fixed date was received;

A description of confirmation of the object of brokerage prepared by C at the time of the conclusion of the instant lease agreement stating that “the matters of rights other than ownership in the register” are “the information and delivery of a certified copy of the register,” and “the matters of rights other than the real rights or the matters of rights that are not publicly announced” as “the majority of lessees in the prior order

The instant housing consists of 11 households as a total cost of KRW 71 million. As to the eight households prior to the instant lease agreement, the right of lease with the opposing power of KRW 38 million in the future, such as G and the Korea Land and Housing Corporation, has been established for the eight households prior to the instant lease agreement. The right of collateral security of KRW 364 million with the maximum debt amount and lease on a deposit basis of KRW 3 million in the future.

After the plaintiff's occupancy, D's ownership is lost due to the payment of successful bid price on May 24, 2017 as a result of the voluntary auction procedure based on the above-mortgage regarding the housing of this case.

6. The distribution was made on the sales price of the cost amount of KRW 50 million, among which the distribution was made, the remainder was distributed to the persons related to the right to collateral security, and the remainder was distributed to five (1.4 million won each), such as I, five (1.4 million won each), senior lessee G (5 million won in total) and the Korea Land and Housing Corporation (2 million won out of the lease deposit amount of KRW 4 million), and the Plaintiff was excluded from the distribution of dividends.

In addition, the plaintiff was unable to receive a refund of the lease deposit from D.

C Before mediating the instant lease agreement, on October 5, 2014, the instant housing Jho-ho (five million won as the lease deposit) and on January 11, 2015, Kho-ho (35 million won as the lease deposit) arranged each lease agreement.

The defendant is between C and C.

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