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(영문) 서울중앙지방법원 2020.04.20 2019가단5046905
공제금 등 청구의 소
Text

1. As to Plaintiff A’s KRW 42,50,00, and KRW 16,670,729 and each of the said money to Plaintiff B, the Defendant from May 15, 2019 to 20.

Reasons

1. Basic facts

A. (1) On March 10, 2014, Plaintiff B’s brokerage of the foregoing D, Nonparty B, as the broker of the said D, multi-family house F on the ground of the members of the Masan-si, Changwon-si, Changwon-si (hereinafter “instant multi-family house”).

(2) Of the instant multi-family housing, the Plaintiff entered into a lease agreement with the term of KRW 90,00,000, and the term from March 25, 2014 to March 24, 2016 with respect to the term of KRW 90,000 for the lease deposit, and the term from March 25, 2014. On March 25, 2014, Plaintiff B entered into a lease agreement with E to pay all the lease deposit to E, and obtained a fixed date after the move-in report was completed on March 26, 2014, after the moving-in report was completed on March 26, 2014. (2) On December 5, 2014, the Plaintiff entered into the lease agreement with the Plaintiff as the broker of Licensed Real Estate Agent D with respect to KRW 85,00,000,000 for the instant multi-family housing as well as the term of the lease agreement concluded between December 20, 2014 through B.

AB concluded the agreement.

Plaintiff

A on December 20, 2014, upon the completion of the move-in report on December 22, 2014, he/she paid all the deposit to E, and moved into the above H, and received the fixed date on the same day.

B. At the time of concluding each of the instant lease agreements, the establishment registration of a mortgage on the instant multi-family house and its site was completed with the maximum debt amount of KRW 78,000,000,000, but only stated that D’s “matters of rights other than ownership” in each description verifying each object of brokerage prepared and delivered by D to the Plaintiffs is set up with the maximum debt amount of KRW 78,00,000, and the right to collateral security, which is the association of the mortgagee.

C. On March 30, 2018, upon the application of K, the lessee of the instant multi-family house, among the instant multi-family house, the procedure for compulsory auction was commenced on March 30, 2018, with respect to the instant multi-family house and its site as the Yongsan District Court Msan Branch L. The appraised value of the instant multi-family house and its site was KRW 558,060,240, but was sold at KRW 390,000, but Plaintiff B was paid KRW 56,658,541, but the Plaintiff A was not paid dividends.

At the time of the above auction, this case.

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