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(영문) 서울중앙지방법원 2019.01.23 2018가단5135198
공제금 등 청구의 소
Text

1. The Defendant’s KRW 25,00,000 as well as 5% per annum from August 26, 2018 to January 23, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. On September 12, 2016, the Plaintiff: (a) as a broker of Nonparty C, who is a licensed real estate agent, leased the F of the multi-family house located in Chungcheong-gun E (hereinafter “the instant multi-family house”) owned by Nonparty D by setting the lease deposit amount of KRW 50,000,000; (b) the lease period from October 2, 2016 to October 1, 2018 (hereinafter “the instant lease”); (c) paid all the lease deposit by October 2, 2016; and (d) moved into the move-in report on October 4, 2016; and (e) obtained a fixed date on November 21, 2016.

Meanwhile, on October 12, 2016, D, a lessor, transferred the instant multi-family house to Nonparty G in KRW 600,000,000.

B. C, while mediating the instant lease, explained to the Plaintiff that there was a person having a right to lease on a deposit basis, the establishment registration of a mortgage over the maximum debt amount of KRW 429,00,000 and the instant multi-family house H, which is indicated in the registry of the instant multi-family house, but did not specifically explain the lease existing in the instant multi-family house.

On the other hand, the current status of the multi-family house at the time is as shown in the attached Table 1, and eventually, the sum of the first priority lease deposit for the plaintiff is 307,000,000 won.

C. Meanwhile, on July 13, 2017, the appraised value as of July 13, 2017 on the instant multi-family house was KRW 690,825,800, but only KRW 447,586,609, excluding the auction expenses, was sold in KRW 452,190,00 and distributed at KRW 452,586,609, excluding the auction expenses.

However, regarding dividends, the current status of lessees of the instant multi-family house is as shown in attached Table 2. Accordingly, K, L, 15,00,000 won each, L, 476,000 won by the issuing authority, M, Inc., which is the right holder of the right to collateral security, shall be 316,754,071 won, N Co., Ltd., which is the right holder of the right to collateral security, 38,221,918 won, and the transferee of the right to collateral security association.

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