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1. The Plaintiff:
A. Defendant B’s KRW 80,000,000 as well as 20% per annum from January 24, 2015 to September 30, 2015.
Reasons
1. Basic facts
A. Defendant C, a licensed real estate agent, engaged in the real estate brokerage business under the trade name of “F Licensed Real Estate Agent Office” in Seo-gu, Daejeon, but transferred the Seo-gu, Daejeon G building and the office to 505 on July 4, 2013, and changed the trade name to “H Licensed Real Estate Agent Office”.
The Defendant Korean Licensed Real Estate Agent Association (hereinafter “Defendant Association”) is a mutual aid business entity that entered into a mutual aid agreement with Defendant C, a member of the Association, with a guarantee period from May 24, 2013 to May 23, 2014, with a guarantee amount of KRW 100 million, in which Defendant C, while acting as a real estate broker, causes property damage to a transaction party due to intentional or negligent conduct of real estate brokerage, and is liable for damage.
B. On September 16, 2013, the Plaintiff entered into a lease agreement with Defendant B on the lease deposit for the second floor 202 (hereinafter “the instant leased building”) among the fourth floor of the Seo-gu Seoul Special Metropolitan City (hereinafter “instant building”) and the multi-family houses and neighborhood living facilities (hereinafter “instant building”) with Defendant B, with the term of KRW 80,00,000, and the term of lease from October 8, 2013 to October 7, 2015 (hereinafter “instant lease agreement”). The Plaintiff paid the full amount of the lease deposit to Defendant B, and completed a move-in report on the fixed date and resident registration, and received the part of the instant leased building.
C. At the request of the Han field, which is the mortgagee of the instant building, the mortgagee of the said building, the procedure for the auction of real estate was initiated by J of the Daejeon District Court with respect to the instant building. The Plaintiff, as a lessee, filed a report of right and demand for distribution in the said auction procedure, but did not receive any distribution from the senior creditor at all on the date of distribution in the said auction procedure on December 10, 2014.
Meanwhile, in the above auction procedure, the appraised value of the instant building and the site thereof was KRW 1,368,378,780, and at the time when the Plaintiff entered into the instant lease contract, the prior lessee was the lessee.