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1. Of the judgment of the court of first instance, the part against the defendant ordering payment in excess of the amount ordered below.
Reasons
1. Basic facts
A. D is the owner of a multi-family house E on the ground (hereinafter “the instant multi-family house”) and the lessor who entered into a lease contract with the Plaintiff. The Intervenor joining the Defendant (hereinafter “ Intervenor”) is a real estate licensed real estate agent who has arranged the above lease contract, and the Defendant is a mutual-aid association (100,000,000 won) to which the Intervenor joined.
B. On March 24, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with D on the instant multi-family house, setting the period from April 5, 2014 to April 4, 2016, setting the deposit amount of KRW 5,00,00 (hereinafter “the instant lease agreement”). At the time, the Intervenor did not explain any other lessee, etc. on the registration of establishment of mortgage (the maximum bond amount was transferred to H on June 23, 2017) in the name of G association (the maximum bond amount was KRW 26,00,000, KRW 65,000,000, and KRW 65,000,000, and KRW 50,000) and the registration of establishment of lease on a deposit basis (the deposit amount was KRW 50,000,000) in the name of I.
C. On April 5, 2014, the Plaintiff paid a security deposit to D and moved in, obtained a fixed date on April 9, 2014, and established a right to lease on a deposit basis in the instant multi-family house on the same day. On April 22, 2014, the Plaintiff completed the move-in report on April 22, 2014, and continued to reside after the termination of the instant lease agreement.
On May 18, 2017, with regard to the instant multi-family house, which is the right to collateral security of the instant multi-family house, the application for auction by H was commenced by Changwon District Court J in relation to the instant multi-family house (hereinafter “instant auction”).
In the above auction procedure, the appraisal price of the multi-family house in this case was KRW 787,106,240, but was sold at KRW 385,583,662. On June 27, 2018, the date of distribution was KRW 385,55,555 on June 27, 2018, and KRW 10,000,000 to K (Lho), who is the lessee of small amount, and KRW 2, the relevant tax and delivery authority.