beta
Text
1. The defendant's appeal is dismissed.
2. Of the appeal costs, the part arising between the Plaintiff and the Defendant is the Defendant.
Reasons
1. Facts of recognition;
A. E is a person who was the owner of “G Dong”, a building of the F site and the 8th floor above the ground of Suwon-si, Suwon-si, and the building of this case was constructed as Class II neighborhood living facilities for the purpose of public notice, but in fact, there are 39 rooms inside the multi-family houses, which are called “studio” and called “studio”.
B. On April 28, 2015, the Plaintiff entered into a lease agreement with D, a practicing licensed real estate agent operating the H Licensed Real Estate Agent Office and C, a practicing licensed real estate agent operating the I Licensed Real Estate Agent Office (hereinafter “H Licensed Real Estate Agent Office”), which leases approximately KRW 50 million as lease deposit, and between May 13, 2015 and May 13, 2017, the Plaintiff moved into J by paying KRW 50 million as deposit to E on May 13, 2015.
(Plaintiffs obtained a fixed date from the lease agreement on April 29, 2015, and completed the move-in report on resident registration at the Jho-ho address on May 19, 2015).
At the time of the conclusion of the instant lease agreement, D and C’s description of the object of brokerage (Evidence (Evidence (Evidence (2)), which were prepared and delivered to the Plaintiff at the time of the conclusion of the instant lease agreement, indicate that the mortgage was established in relation to the instant building and the land which is the site thereof, with the maximum debt amount of KRW 1,04,00,000 in the name of K Co., Ltd., as to the title relationship column. The phrase “the matters regarding the right of the object which is not publicly announced or actual relation of rights” indicated as the phrase “60,000,000,000 won in the order of priority lease deposit”. At the time of the conclusion of the instant lease agreement, the instant building had already been occupied by the lessee in the 20 units, as well as the said mortgage was established, and the sum of the lease deposit amounts
As of March 30, 2017, the building of this case was voluntarily auctioned around March 22, 2017, and as of March 30, 2017, the building of this case was KRW 1,335,570,100, and the land which is the relevant site.