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(영문) 대구지방법원 2014.11.28 2014가단18565
임대차보증금반환
Text

1. The Plaintiff:

A. Defendant B’s KRW 65,00,000 and interest rate of KRW 20% per annum from June 19, 2014 to the date of full payment.

Reasons

1. Facts of recognition;

A. On August 3, 2012, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant C, the owner of the instant multi-family house with the fourth floor F in Daegu-gu, Daegu-gu (hereinafter “instant multi-family house”), which is the owner of the instant multi-family house (hereinafter “instant multi-family house”) with the name of “E” in the name of “E,” and paid KRW 65 million to Defendant B the lease deposit for the instant multi-family house (hereinafter “instant house”) from August 15, 2012 to August 14, 2014, and paid KRW 65 million to Defendant B the lease deposit.

(A) On August 6, 2012, the Plaintiff completed the move-in report to the instant house, while obtaining a fixed date in the instant lease agreement.

At the time of the instant lease agreement, Defendant B had priority over the instant multi-family house, which is the maximum debt amount of 468 million won, and said that the aggregate of the deposit deposits of the prior lessees was KRW 130 million.

Accordingly, in full view of the purport of the argument as a whole after explaining the explanation from Defendant C to the Plaintiff on the total sum of senior collateral security and senior lease deposit, Defendant C and its brokerage assistant at the time stated in the evidence Nos. 7 (Recording) that “at least 10% of the risks are borne by the Plaintiff,” Defendant C and its brokerage assistant should be aware of the mediation.” Since the priority order of the Plaintiff is third, there is no particular problem in recovering the security deposit.”

The phrase “matters of rights other than ownership” in the description of confirmation and explanatory note of the object of brokerage refers to the highest amount of claims: 468 million won; the mortgagee of the right to collateral security; the mortgagee of the right to collateral security; and the term “matters of rights other than the real relation of rights or the matters of rights not publicly notified” stated and delivered to the Plaintiff the term “total amount of deposit 130 million won.”

C. At the time of the instant lease agreement, the Defendant B, the maximum debt amount of KRW 468 million, and Defendant B.

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