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(영문) 서울중앙지방법원 2020.01.20 2019가단5067513
공제금 등 청구의 소
Text

1. As to the Plaintiff A’s KRW 13,00,00, and KRW 12,500,000 to the Plaintiff B, and each of the said money from June 5, 2019 to June 20, 202.

Reasons

1. Facts of recognition;

A. (1) On December 13, 2016, Plaintiff A, as the intermediary of the Intervenor joining the Defendant, is a Gunsan-si G building (hereinafter “G building”) which is a multi-family house for sharing E, E, and F.

(2) On January 1, 2017, Plaintiff B entered into a lease agreement consisting of KRW 41 million with respect to H, and obtained a fixed date on January 2, 2017, after all of the aforementioned deposits were paid and moved into on January 1, 2017. (2) On January 11, 2017, Plaintiff B entered into a lease agreement consisting of KRW 40 million with respect to E and G building I as the intermediary of the Intervenor joining the Defendant, and obtained a fixed date on January 16, 2017, after the said deposit was fully paid and moved into the said lease on January 17, 2017.

(hereinafter referred to as “the lease of this case”) B.

1) In mediating the instant lease, the Intervenor joining the Defendant explained to the Plaintiffs one collateral security (the obligor E-mortgage, J bank, the maximum debt amount of KRW 396 million) and two chonsegwon (G building K: leasee L, amount of creation, KRW 25 million, and KRW 40 million) established on G building, and described in the “matters of rights other than ownership” column of the letter of confirmation of object of brokerage, but did not state any description in the “matters of rights other than ownership” column of “matters of rights other than ownership”. At the time of the instant lease, at the time of the instant lease, there was a lessee who has obtained a fixed date earlier than the Plaintiffs as set forth below.

Deposit, such as the fixed date of the name book of Korea Land and Housing Corporation 1O on September 17, 2014, No. 60,000,000 Korea Land and Housing Corporation 2 P on September 17, 2014, No. 45,000,0003 Korea Land and Housing Corporation QU No. 40,000 on September 24, 2014, and No. 40,000,004 NM on May 18, 2016, No. 40,000,000 on May 40, 200,000,0006 TU on September 28, 2016, 100, 000, 000, 50,000, 50,004, 50, 14, 208, 208, 14, 2008

C. (1) Voluntary auction procedure for G buildings commenced upon the application of the J bank (the Z of the Jeonju District Court, hereinafter “instant voluntary auction”).

In the G building, 531,238,000 won.

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