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(영문) 서울중앙지방법원 2019.01.22 2018가단5131738
공제금 등 청구의 소
Text

1. The Defendant’s KRW 35,00,000 as well as 5% per annum from September 1, 2018 to January 22, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. Nonparty C is a practicing licensed real estate agent located in Gwangju Mine-gu who operated the E Licensed Real Estate Agent Office, and the Defendant is a juristic person operating a mutual aid business to guarantee liability for damages of practicing licensed real estate agent pursuant to Article 42 of the Licensed Real Estate Agents

B. On December 10, 2016, the Plaintiff entered into a lease agreement with Nonparty F and Gwangju Mine-gu Office (hereinafter referred to as “instant building”) from among the 1st floor office located in Gwangju Mine-gu and the 2nd and the 3rd multi-family house (hereinafter referred to as “instant building”; the site “instant land”; the instant building refers to the “instant land”; the lease deposit amount of KRW 70,000,000, monthly rent of KRW 50,000, and the lease term of KRW 50,000, December 18, 2016 to December 17, 2017 (hereinafter referred to as “instant lease agreement”); and received a move-in report and a fixed date on the instant housing after fully paying lease deposit around December 30, 2016.

C. At the time of the conclusion of the instant lease agreement, C’s explanation on the object of brokerage prepared and delivered by C to the Plaintiff is indicated as “matters of rights other than ownership indicated in the registry,” and as for the instant land, the mortgage is established with respect to the land of KRW 416,00,000, the maximum debt amount of the association of the mortgagee, and KRW 50,000,000, the maximum debt amount of the J-mortgage, and the building is indicated as having a right to lease of KRW 10,000,00 with respect to the land and building as joint collateral, and KRW 80,000,000, the lease right amount of KRW 80,000, the lease right amount of the lease on a deposit basis and KRW 120,000,000 with respect to the land and building as joint collateral.”

In the registry of real estate perused by C at the time of the conclusion of the instant lease agreement, the instant land and buildings as joint collateral shall be the sum of KRW 416,00,000,000,000, totaling the amount of the claims against the mortgagee I and the maximum debt amount on July 11, 2012, the registration of creation of mortgage between the mortgagee and the mortgagee on January 6, 2016.

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