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(영문) 대전지방법원 천안지원 2021.02.04 2019가단118926
임대차보증금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 5, 2016, Defendant B completed the registration for the preservation of ownership of the fourth-story detached housing E (hereinafter “instant building”) on the ground in Seo-gu, Seo-gu, Seo-gu, North Korea on October 5, 2016.

B. On August 25, 2017, the Plaintiff entered into a lease agreement between Defendant B and Defendant B, setting up a deposit of KRW 43,000,000, monthly rent of KRW 20,000, and the lease period from September 1, 2017 to August 31, 2019 (hereinafter “instant lease agreement”).

(c)

Defendant C is a certified broker who operates a certified broker office of “G”, and as a result, H arranged the instant lease agreement. Defendant D Association (hereinafter “Defendant Association”) concluded a mutual aid agreement with Defendant C to compensate for the damage suffered by the client due to the mediation accident of Defendant C within the limit of KRW 100 million on October 29, 2016 and issued the certificate of mutual aid.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Grounds for the claim;

A. Defendant B, a lessor of the instant lease agreement, is obligated to refund KRW 43,00,000 to the Plaintiff immediately after the termination of the instant lease agreement. The instant building was sold at auction, and the Plaintiff was paid KRW 43,00,000 on December 9, 2020, but the Plaintiff did not receive interest of KRW 12% per annum on the leased deposit from August 31, 2019 to December 8, 2020.

B. Meanwhile, at the time of the conclusion of the instant lease agreement, Defendant C breached its duty to explain as a broker by failing to explain whether the Plaintiff can recover the deposit for lease (the existence of other lessees and the amount of deposit) if the instant building is sold at auction, and Defendant C is an employee of H, and the Defendant Association is the Defendant C.

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