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(영문) 서울중앙지방법원 2018.02.08 2017가단5127633
공제금 등 청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including costs incurred by participation, shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On December 6, 2013, D sold the instant building site of 215 square meters (hereinafter “instant building site”) and the instant building site of reinforced concrete structure (hereinafter “instant building”); 685 million won (for a loan, KRW 360 million; KRW 100 million is for a contract; KRW 100 million is for a contract; KRW 100 million is for a contract; KRW 125 million is for a contract; the remainder is to be paid on January 20, 2014 after completion of the contract) to E; and the instant building site of this case is a relationship between the building owner and the building owner after completion of the contract.

B. On January 7, 2014, the Plaintiff, as a broker of the auxiliary intervenor who is a licensed real estate agent, leased KRW 120 million from D the main household of the instant housing (hereinafter “instant G”) to KRW 120 million, and agreed to the effect that “this contract is a contract in a state of non-registration, and thus its renewal is made after completion of registration” (hereinafter “transfer lease”). After which the instant building was registered for preservation in the name of E, a new owner on February 12, 2014, between E and E on February 12, 2014, the Plaintiff concluded a lease contract for KRW 120,000 (hereinafter “lease”). On February 17, 2014, the Plaintiff registered the establishment of a leasehold lease on a deposit basis, KRW 120,000,000,000,000 for the instant building on February 17, 2014, and obtained the fixed date of G on February 18, 2014.

(Occupancy was made prior to the fixed date). C.

The instant house is a multi-family house consisting of 11 houses (the first floor, the second floor, and the third floor, the 10 households, the 4th floor. The auxiliary intervenor, when concluding a lease contract with the Plaintiff regarding the relationship of rights of the instant house, set the right to collateral security (the maximum debt amount) as the site of the instant case, which is 351 million won.

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