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1. The Defendants jointly share KRW 27,600,000 with respect to the Plaintiff and 5% per annum from July 16, 2017 to November 9, 2018.
Reasons
1. Facts of recognition;
A. On September 12, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the broker of Defendant B, a licensed real estate agent, with respect to C and the building D (hereinafter “instant building”) of Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant building”), with the lease deposit amount of KRW 80 million, and the lease term of KRW 80 million from September 27, 2014 to September 26, 2016 (hereinafter “instant lease agreement”). After paying the lease deposit amount of KRW 80 million to C, the Plaintiff received the transfer of the said lease deposit amount of KRW 302, and received the fixed date and received the move-in report on October 2, 2014.
B. At the time of the conclusion of the instant lease agreement, the maximum debt amount of KRW 1170,000,000 with respect to the instant building, each of the right to collateral security holders, as the National Bank Co., Ltd., as well as KRW 270 million was set up.
C. In mediating the instant lease agreement, Defendant B explained the maximum debt amount regarding the instant building and its site to the Plaintiff and stated in the column for “matters of rights other than ownership” in the description of confirmation of the object of brokerage attached to the instant lease agreement, but did not explain the details of the lease agreement (in most cases, the lease contract was the so-called lease contract that does not pay monthly rent) of another lessee who had already resided in the instant building, and did not present relevant evidentiary materials. In short, the description of confirmation of the object of brokerage was issued to the Plaintiff without entirely stating the “matters of rights other than the real relation of rights or the publicly notified object” in the description of confirmation of object of brokerage.
Since then, on August 31, 2015, the registration of the decision on voluntary auction was completed upon the application of the National Bank of Korea Co., Ltd. to the Seoul Southern District Court E.
E. On April 18, 2017, the Plaintiff received dividends of KRW 34,00,000 in the first order as a small lessee of small amount.