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(영문) 서울중앙지방법원 2019.09.26 2018가단5248193
공제금 등 청구의 소
Text

1. The Defendant’s KRW 13,00,000 as well as 5% per annum from February 6, 2019 to September 26, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On December 2, 2015, the Plaintiff: (a) as a broker of the Intervenor’s Intervenor, a licensed real estate agent (hereinafter referred to as “participating”) paid the lease deposit in full and moved into the lease deposit on December 18, 2015; and (b) completed the move-in report on December 18, 2015, and completed the move-in report on December 18, 2015, with the date of the lease fixed from D as KRW 40,00,000 as the lease deposit; (c) from December 18, 2015 to December 17, 2017; and (d) obtained the fixed date.

B. The instant multi-family house consists of the stairs room of one floor, parking lot 10.8 square meters, multi-family house of 148.86 square meters, multi-family house of 3 floors, multi-family house of 148.86 square meters, and multi-family house of 148.86 square meters. There are six residential facilities in two floors, three floors, and four floors, respectively.

C. The Intervenor, while mediating the instant lease, provided only explanation to the Plaintiff on the right to collateral security (the maximum debt amount of KRW 442,00,000) established in the instant multi-family house, and did not specifically explain the other lease existing in the instant multi-family house, and did not state any description on the “the right to collateral security or the right to object not publicly notified” of the confirmation and explanatory note of the object of intermediation.

However, at the time, the lessee, such as the attachment No. 2, had resided in the instant multi-family house, and the sum of the deposit money for senior lease over the Plaintiff is KRW 253,00,000.

Meanwhile, the instant multi-family house was sold at KRW 563,55,000, while the appraised value of the instant multi-family house as of November 27, 2017 was KRW 839,240,960 as of November 27, 2017, in the voluntary auction procedure for the instant multi-family house, which was proceeded with upon upon the application of the G Union, which was the mortgagee.

The current status of the lease of the multi-family house at the time of the above auction shall be as shown in attached Form 1.

On October 4, 2018, the court of auction is out of the proceeds of sale.

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