(영문) 서울중앙지방법원 2019.05.22 2018가단5082898

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(영문) 서울중앙지방법원 2019.05.22 2018가단5082898

공제금 등 청구의 소

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1. The Defendant’s each of the Plaintiffs KRW 14,115,273 as well as 5% per annum from June 28, 2018 to May 22, 2019.

Reasons

1. Facts of recognition;

A. F is a person who was the owner of the land G site and the 8th floor above that ground (hereinafter “instant building”) in Suwon-si, Suwon-si, and the instant building was constructed for the purpose of the Gosiwon, but was actually used as a multi-family house by dividing the total number of 39 units of 7 units in each of 2-4 floors and 6 units in each of 5-7 floors into 39 units.

On April 26, 2011, the establishment registration of the instant building was completed near H-mortgage Co., Ltd. and the maximum debt amount of KRW 1,040,000 on April 26, 201 with the site of the instant building as joint collateral.

B. On April 5, 2014, Plaintiff A, a licensed real estate agent D, concluded a lease agreement between F and F on April 5, 2014, setting a deposit of KRW 55 million with respect to No. I of the instant building, and obtained the fixed date on April 7, 2014 after the occupancy.

C. On June 15, 2014, Plaintiff B, a licensed real estate agent E, entered into a lease agreement with F on June 15, 2014, setting the deposit amount of KRW 55 million among the instant building, and obtained the fixed date on June 17, 2014 after entering into the lease agreement.

Among the confirmation and explanatory note of the object of brokerage prepared and delivered by the above licensed real estate agents to the plaintiffs, the term "rights relationship" refers to "rights other than ownership," and the term "rights of the object which is not yet publicly announced" includes "verification of the existence of a preferential tenant" against the plaintiff A and "the first tenant (the security deposit60 million won)" against the plaintiff B.

E. On March 30, 2017, the appraisal price as of March 30, 2017, based on the appraisal conducted at the above auction procedure, was KRW 1,335,570,100 of the instant building, and the instant building and site were KRW 1,049,620,00 of the site, and was the total sale at KRW 2,079,99,99,999,999 on January 12, 2018.

The plaintiffs are at the above auction procedure.

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