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(영문) 서울중앙지방법원 2019.08.22 2018가단5256613
공제금 등 청구의 소
Text

1. From February 9, 2019 to August 22, 2019, the Defendant’s KRW 32.5 million to the Plaintiff and the following:

Reasons

1. The facts of recognition: ① Nonparty C is the owner of the instant multi-family house with the fourth floor located D located in Gyeongnam-si (hereinafter “instant multi-family house”); Nonparty E (hereinafter “non-party”) is a licensed real estate agent operating the F Licensed Real Estate Agent Office; and the Defendant Association is a mutual aid insurer who entered into a mutual aid agreement with the non-party.

② On July 31, 2015, the Plaintiff entered into a lease agreement with the Nonparty regarding the instant multi-family house G as the Nonparty’s intermediary, with a deposit of KRW 65 million (hereinafter “instant lease agreement”) and completed the move-in report and the fixed date on July 31, 2015, and paid all the deposit money on August 21, 2015.

③ Meanwhile, at the time of the instant lease agreement, the instant multi-family house and its site had the right to collateral security of KRW 3,90,000,000,000 for the maximum debt amount set as of March 24, 2015, and Nonparty J, the lessee of the instant multi-family house, from January 2015, occupied Nonparty J, the lessee of the deposit KRW 50,000,00,000, but did not state the details of the confirmation and description (Evidence A 2) of the object of collateral security granted by Nonparty to the Plaintiff.

The confirmation and explanatory note of the instant multi-family house I offered to Nonparty J on the instant multi-family house I is another licensed real estate agent, and the address of M is the same as the Nonparty, and there is no other lessee’s details or H’s collateral security in the aforementioned confirmation and explanatory note.

④ The appraisal amount was awarded in KRW 493,894,320 in the auction procedure that the said mortgagee H applied for the instant multi-family house and its site, but the appraisal amount was awarded in KRW 31,889,00 on December 2, 2017, and the sale price was paid in KRW 331,889,000 on January 17, 2018, the non-party L (5 million) who is a small lessee of the instant multi-family house K and the above H (321,950,082 amount of credit of KRW 321,950,082) (the principal amount was KRW 300 million, interest, KRW 50,835,30, KRW 30, KRW 350, KRW 350, KRW 36,330, KRW 330, total, and KRW 350,836,30 (Evidence 8).

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