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(영문) 광주지방법원순천지원 2019.07.17 2018가단9900
양수금
Text

1. The Plaintiff:

A. Defendant C’s KRW 44,454,830 as well as KRW 15% per annum from March 6, 2019 to May 31, 2019.

Reasons

1. Facts of recognition;

A. On November 7, 2014, E leased Defendant C’s KRW 50,000,000 as lease deposit money, and from November 10, 204, the lease term of November 9, 2015. Defendant D arranged the said lease contract and received brokerage commission from E.

B. At the time of the above lease, Defendant D, as a real estate broker, was obligated to verify the legal relationship of the instant building, which is an object of brokerage, and explain it to E, in violation of this, failed to present the register of the real estate of the instant building, and did not notify E of the fact that senior mortgage was established over the maximum debt amount of KRW 4.3 billion in the instant

C. On November 10, 2014, E paid KRW 50,000,000 to Defendant C, and thereafter made a move-in report after moving into the instant building.

On July 19, 2018, the Plaintiff received a successful bid for the instant building and acquired the ownership of the instant building after paying the proceeds of sale on July 19, 2018. E was paid KRW 5,545,170, out of the remainder of the remaining money distributed to the senior mortgagee, etc. from the above proceeds of sale, but did not receive the remainder of lease deposit amounting to KRW 44,454,830.

E. On December 5, 2018, E transferred to the Plaintiff the right to return the remainder of the lease deposit against Defendant C and the damage claim equivalent to the same amount of the tort against Defendant D, and notified the Defendants of the assignment of the claim.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 12 evidence, purport of the whole pleadings

2. According to the facts of the above recognition as to the claim against Defendant C, Defendant C, the assignee of the claim to refund the above lease deposit, shall promote the lawsuit from March 6, 2019 to May 31, 2019, on the following day after the delivery of the complaint in this case.

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