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(영문) 서울중앙지방법원 2019.11.13 2018나65783
공제금 등 청구의 소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. 1) On March 10, 2012, the Plaintiff entered into a lease agreement and a mutual aid agreement. The Plaintiff, a licensed real estate agent C and D (hereinafter referred to as “C and D”), combined with C and D, shall be “the instant intermediaries.”

E Co., Ltd. (hereinafter referred to as “E”) as a joint intermediary.

B) The road name address of the instant building, which is one parcel of land outside the F of the Yeongdeungpo-gu, Suwon-si, Suwon-si, is “H”. The eight-story building located therein (hereinafter “instant building”).

G (hereinafter “instant leased object”) among subparagraph G (hereinafter “instant leased object”).

A) A lease agreement with respect to the lease deposit amounting to KRW 45,00,000, and the term of lease from March 17, 2012 to March 16, 2014 (hereinafter “instant lease agreement”).

(2) On March 17, 2012, the Plaintiff: (a) paid the lease deposit to E; and (b) moved into the said G on March 23, 2012; (c) completed the move-in report on resident registration by stating the address as “H and Gho-gu in the Young-gu in the Si of Kuwon-si; (d) obtained the fixed date on March 12, 2012; and had been residing in the leased object of this case until now.

3) The Defendant entered into a mutual aid agreement with C on April 23, 2011 to April 22, 2012, and between D and D during the mutual aid period from April 1, 2011 to March 31, 2012, where the instant intermediaries cause property damage to a transaction party by intention or negligence in performing real estate brokerage as provided for in the Licensed Real Estate Agents Act, the instant broker entered into a mutual aid agreement with C to compensate for such damage within KRW 100 million. (B) The instant building changed to a multi-household of the instant building was a multi-household building, which was a multi-household building at the time of entering into the said lease agreement, and registered by dividing it into each floor on April 23, 2012 (the instant building was not classified by each subparagraph).

In the process, a single registration has been completed for the whole five floors, including the leased object of this case, with the "Flung-gu, Yong-gu, Susu-gu, No. 5th floor I".

C. 1 J. K. The fixed date of transfer of the deposit for lease in the name of the order of priority at the time of the lease agreement.

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