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1. The Plaintiff:
A. Defendant B shall be 26,349,925 won and the interest rate of 15% per annum from June 3, 2016 to the date of complete payment.
Reasons
1. Basic facts
A. On October 30, 2014, under the brokerage of Defendant C, a licensed real estate agent, the Plaintiff leased KRW 55 million from Defendant B to November 5, 2016 and paid KRW 55 million lease deposit to Defendant B, among multi-household housing (total 7 households; hereinafter “instant multi-household housing”) located in Daegu-gu D (total 202 households).
B. At the time of the above lease, the right to lease on a deposit basis with the right to collateral security and the right to lease on a deposit basis in E’s name was established for the multi-household housing of KRW 325 million in the name of the member credit union, and the prior lessee was occupying the deposit amount of KRW 15 million in total as indicated below.
The fixed date of 1 Korea Land and Housing Corporation (F) 203 No. 50 million won on December 20, 2012, 2012, the fixed date of the moving-in report for the leased portion by the lessee (F) 203,000 won on the date of moving-in report for the moving-in report for the leased portion, KRW 303,5 million on December 20, 2012, KRW 3035,000,000 on September 30, 2013.
At the time of the instant lease agreement, Defendant C notified the Plaintiff of the right to collateral security and lease on a deposit basis in the name of the member credit union and the name of E, which was established on the instant multi-family housing, and stated in a description verifying the object of brokerage. However, it did not verify and explain matters concerning the amount of lease deposit of other lessees residing at the time of the instant multi-family housing, the timing of lease and the termination date, etc., and did not at all state such matters in the column for the right to the object of brokerage.
The Plaintiff, at the request of the member credit cooperative, which was a mortgagee, made a demand for distribution on September 3, 2015 from the Daegu District Court H Real Estate Voluntary Auction Procedure (hereinafter “instant auction procedure”) that commenced with respect to the instant multi-household housing upon the application of the member credit cooperative, which was a mortgagee, on the date of public distribution, and on March 7, 2016, as a lessee of small amount of KRW 20 million,00,000,000,000,000,000 won.