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(영문) 서울중앙지방법원 2015.01.15 2014가합526620
손해배상 등
Text

1. The Plaintiff:

A. Defendant B’s KRW 140,000,000 and annual 5% from September 26, 2014 to January 15, 2015, respectively.

Reasons

1. Facts of recognition;

A. On July 8, 2013, the Plaintiff, a licensed real estate agent conducting real estate brokerage in the name of “D Licensed Real Estate Agent Office”, concluded a lease deposit agreement with Defendant B, the owner of the instant multi-family house listed in the separate sheet (hereinafter “instant multi-family house”) to lease KRW 101 (hereinafter “the instant lease object”) from the Defendant B, the owner of the instant multi-family house as indicated in the separate sheet, and paid KRW 14,000,000 to Defendant B for the lease term from the delivery date of the said leased object until August 29, 2015 (hereinafter “instant lease agreement”). On the same day, the Plaintiff paid KRW 14,00,000 for the down payment to Defendant B for the remainder of KRW 126,000 as well as for the instant lease object to be delivered from Defendant B on August 30, 2013.

B. On September 2, 2013, the Plaintiff completed the move-in report to the domicile of the leased object of this case, and obtained a fixed date in the said lease agreement, and thereafter has resided in the leased object of this case.

C. At the time of entering into the instant lease agreement, the Plaintiff had access to the copy of the register of the instant multi-family house and confirmed that the said multi-family house had 12 households already resided in the said multi-family house, and that the prior mortgage (the maximum amount of claim 481,00,000 won) and the right to lease on a deposit basis (the total amount of deposit 140,000,000 won) in the Donyang Savings Cooperatives was established in the said multi-family house and that the said multi-family house was attached

Accordingly, the plaintiff confirmed the market price of the apartment house in this case and the aggregate of the lease deposits of the senior lessee. The defendant Eul confirmed that the present market price of the apartment house in this case was 1,300,000,000 won, and that the lease deposit of the senior lessee was 500,000,000 won, including the lease deposit amount of 140,000,000,000 won, which was established on a right to lease on a deposit basis, is sufficient.

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