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1.(a)
Defendant B and C jointly share KRW 100,000,000 with respect thereto to the Plaintiff and the Plaintiff from May 10, 2019 to May 31, 2019.
Reasons
Facts of recognition
On February 16, 2015, the Plaintiff entered into a lease agreement with Defendant D on the condition that, as the broker of Defendant D, Defendant D, who operated the “E Licensed Real Estate Agent Office” (hereinafter “instant building”), the lease deposit amount of KRW 80,000,000 per month, monthly rent, and the lease term of KRW 40,000 per month from March 16, 2015 to March 16, 2017 (hereinafter “the instant lease”). At the time of entering into the instant lease agreement, the Plaintiff paid KRW 10,000,000 on the date of the contract, intermediate payment of KRW 20,00 on March 19, 2015, the remainder amount of KRW 50,000,000 to each of the said Defendants on April 10, 2015, and the following down payment was paid to each of the said Defendants.
At the time of conclusion of the instant lease agreement, prior priority mortgage and right to lease on a deposit basis as indicated below existed in the instant building.
The Plaintiff, on April 18, 2006, agreed to cancel the remainder of the maximum debt amount of KRW 180,000,000, KRW 1800,000, KRW 1800 on June 28, 2013, 196, KRW 180,000, KRW 180,000, KRW 180,000 on December 17, 2013, 200, KRW 180,000, KRW 180,000 on June 2, 2014, KRW 5,000, KRW 70,000 on August 71, 2014, KRW 50,000, KRW 511,90,000 on June 21, 2014, the Plaintiff agreed to cancel the remainder of the maximum debt amount of KRW 205,000,005,005,00.
At the time of mediating the conclusion of the instant lease agreement, Defendant D issued a confirmation and explanatory note of the object of brokerage to the Plaintiff. The confirmation and explanatory note of the object of brokerage did not state any indication as to the right to collateral security and right to lease on a deposit basis existing in the instant building.
On March 19, 2015, the Plaintiff paid an intermediate payment of KRW 20 million to Defendant B, and on behalf of Defendant B on the same day.