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(영문) 서울중앙지방법원 2018.05.18 2017가단5075398
구상금 등 청구의 소
Text

1. The Defendant’s KRW 60,000,000 as well as the Plaintiff’s annual rate of 5% from June 20, 2017 to May 18, 2018.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff, a licensed real estate agent on August 27, 2015, entered into a lease agreement, is the Intervenor joining the Intervenor (hereinafter “ Intervenor”).

(2) The multi-family house located in Dong-gu C (hereinafter referred to as “instant multi-family house”) in Ulsan-si (hereinafter referred to as “instant multi-family house”).

(C) A lease agreement between D and D, the owner of the instant multi-family house, with the lease deposit of KRW 150,000,000, and the lease term of KRW 150,000,00 for the entire four floors of the instant multi-family house (hereinafter “instant lease agreement”) from November 30, 2015 to November 30, 2017.

(2) The Plaintiff paid KRW 80,000,000 to the down payment out of the lease deposit on the date of the conclusion of the instant lease contract, and paid KRW 70,000,000 on November 30, 2015, and subsequently moved in on December 1, 2015.

B. At the time of entering into the instant lease agreement, the instant multi-family house is a building constructed on the fourth floor above ground, with the use of the second to fourth floor on the general building ledger as a detached house. At the time of entering into the instant lease agreement, each of the maximum debt amount of the 416,000,000 won and 234,000,000 won was completed in the name of the mortgagee, and six lessees entered into a lease agreement with the Plaintiff regarding each of the units of the instant multi-family house, prior to entering into the Plaintiff’s occupancy, entered into a lease agreement with the sum of lease deposit of KRW 420,00,000 and the details of the transfer date, fixed date, etc. of the said lessee’s lease deposit, are as shown in the attached Table.

C. At the time of concluding the instant lease agreement, the first intervenor explained to the Plaintiff the details of establishing the right to collateral security on the instant multi-family house at the time of concluding the instant lease agreement, but the first intervenor did not separately disclose the details of other units of the instant multi-family house, the amount of the lease deposit and the order of priority based on the fixed date.

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