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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.
Reasons
1. Facts of recognition;
A. On July 21, 2010, the Plaintiff leased the real estate (hereinafter “instant apartment”) listed in the separate sheet (hereinafter “instant apartment”) from C with a deposit of KRW 85 million (the bond transfer, after the following, the instant lease contract), and the Minewon Real Estate Agent Office, Inc. (hereinafter “Defendant Company”), as the broker of the Plaintiff, and the Defendant B as the broker of C, respectively.
B. The contract of the instant lease is stipulated under a special agreement that states, “a lease in a state of non-sale,” and “a loan of the present facility is scheduled to receive 60% compared to the sale price (254,800,000 won) and to be maintained until the time of the lessee’s moving-in report,” and “a lessee shall obtain a moving-in report and a fixed date after the completion of the lessor’s moving-in registration of ownership transfer.” However, the Defendant Company or the Defendant B stated that the said loan (security loan) means the principal of the loan and the maximum debt amount of the loan amount shall be 120 to 130%.”
However, if the sale price is set at a low price due to the execution of an auction on apartment, there was no explanation that a significant portion of the deposit may be lost.
C. The Plaintiff completed the payment of the deposit money by means of remitting it to C or receiving the passbook without passbook on August 31, 2010, and the Plaintiff received the fixed date on the back of the contract, after filing a move-in report on September 13, 2010.
C completed the registration of ownership transfer on August 31, 2010 with respect to the instant apartment, and on the same day, Han Bank established the right to collateral security, which amounts to 187,200,000 of the maximum debt amount, and completed the registration of establishment of collateral security with respect to Hanyang District Court No. 93630, Namyang District Court’s receipt of the Namyang District Court registry, and on the same day, set the right to collateral security, which amounts to 16,270,430 of the maximum debt amount, and received the same registry office on October 11, 2010, under Article 105759.