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(영문) 대전지방법원천안지원 2017.04.12 2016가단13686
임대차보증금 등
Text

1. The Plaintiff:

A. Defendant B’s KRW 43,00,000 as well as 5% per annum from May 1, 2014 to October 24, 2016.

Reasons

1. Basic facts

A. Defendant B is the owner of the multi-family house D above the south-gu Seoul Metropolitan City (hereinafter “instant house”).

Defendant C is a licensed real estate agent operating the F Licensed Real Estate Agent Office located in Seo-gu, Seoan-gu, Seocheon-gu.

Defendant C entered into a mutual aid agreement with the Defendant Korean Licensed Real Estate Agent Association (hereinafter referred to as the “Defendant Association”) which is a mutual aid business entity to guarantee the broker’s liability for damages.

B. On November 6, 2012, the Plaintiff entered into a lease agreement between Defendant C, a licensed real estate agent, with the broker of Defendant C regarding 405 of the instant housing (hereinafter “instant lease agreement”) between the Plaintiff and KRW 43 million and the period from December 2, 2012 to December 1, 2014 (hereinafter “instant lease agreement”).

The Plaintiff paid the deposit to Defendant B, and received the transfer report of the instant housing No. 405 at around that time, and received the fixed date.

The “rights relationship” of the description and description of the object of brokerage prepared by Defendant C at the time of the conclusion of the instant lease agreement is indicated as “establishment of a maximum claim amount of KRW 611 million, the maximum claim amount of KRW 225 million, and the creation of a right to lease on a deposit basis other than the maximum claim amount of KRW 225 million.” However, there was no indication in the “rights regarding de facto rights or the subject matters of rights not publicly notified”.

C. On April 2013, with respect to the instant housing, the auction procedure of real estate was initiated as a court G and H (Dual).

On May 1, 2014, the above court distributed each of the money to six lessees of small claims in the order of priority among KRW 1,063,359,671, to six lessees of small claims, to the holder of the right to deliver, to the holder of the right to collateral security, to the holder of the right to collateral security, to the holder of the right to collateral security, and to the lessee of fixed date, to the holder of the right to deliver, and

The plaintiff was not paid at all on the date of the above distribution.

[Ground of recognition] Defendant B and C: Each confession (Article 150(3) of the Civil Procedure Act), the Defendant Association: The non-contentious facts, Gap evidence Nos. 1 and 2, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings.

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