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1. The Plaintiff:
A. Defendant B’s KRW 65,00,000 and its annual 5% from April 18, 2017 to November 30, 2017; and
Reasons
1. Basic facts
A. The building of the third floor D above the Daejeon Central District Office (hereinafter “instant building”) was owned by Defendant B.
Deposit for the period of contract on the tenant's home room contract (won) Plaintiff 301 on February 16, 2015 to March 29, 2015 to March 65, 200,000,000
B. The Plaintiff, a real estate broker, concluded a lease agreement on part of the instant building (hereinafter “instant lease agreement”) as indicated in B and the following table.
C. At the time of the instant lease agreement, the instant building: ① (a) was the date of receipt on May 28, 2013; (b) the maximum debt amount of KRW 260,000,00; (c) the debtor, Defendant B, and the Mutual Credit Union for the Person Having Chonsegwon (hereinafter “Public Credit Union”); (b) was the right to lease on a deposit basis; and (c) the right to lease on a deposit basis; and (d) there were many lessees other than the Plaintiff.
On April 18, 2017, G and H transferred the ownership of the instant building to G and H through the auction procedure, the auction procedure was initiated upon a voluntary application for a public auction for consultation with the right to collateral security holders (F of the Daejeon District Court).
E. In the above auction procedure, the Plaintiff was not entitled to the security deposit at all, and was removed from the building of this case around April 18, 2017.
[Reasons for Recognition: Facts without dispute (Defendant C), Gap Nos. 1-4 (including a branch number), the purport of the whole pleadings]
2. Determination
A. Determination as to Defendant B (1) Claim for the return of lease deposit under the instant lease agreement with the indication of claim (2) by public notice, Article 208(3)3 of the Civil Procedure Act
B. Determination (1) - Acceptance of the liability for damages against Defendant C (related legal doctrine) - The broker provides the lessee with data on the relation of the right of the multi-family house necessary to determine whether the lessee can receive the adequate refund of the lease deposit after the lease contract is terminated. As such, the lessee’s right of the object of brokerage indicated on the real estate registry, etc.