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1. The defendant paid KRW 21,00,000 to the plaintiff as well as 5% per annum from December 6, 2020 to February 16, 2021.
Reasons
1. Facts of recognition;
A. On August 23, 2017, the Plaintiff entered into a lease agreement with D with respect to F of the building E for the Dong-gu Seoul Metropolitan City, Ulsan Metropolitan City (hereinafter referred to as “the instant multi-family house”) owned by D as a broker by a private broker for the opening of a business on August 23, 2017 (hereinafter referred to as “the instant lease agreement”). On March 29, 2019, the Plaintiff paid a lease deposit of KRW 70,000,000 to D and received a lease deposit of KRW 70,000,000 from D to August 30, 2017, and received the instant multi-family house F on March 29, 2019 and received the date on which the lease report became final and conclusive under the lease agreement on the same day.
B. At the time of the conclusion of the instant lease agreement, two nearest right to the instant multi-family house (G Union’s maximum claim amounting to KRW 461,50,000 and KRW 58,500,000) was set up on November 19, 2014, and lessee who first concluded the lease agreement was more than the Plaintiff.
2. At the time of the Plaintiff’s contract, a majority of the terms of other leases were “the terms of other leases at the time of the contract,” and their total amount of deposit was KRW 183,00,000.
(c)
C When mediating the instant lease agreement and preparing relevant documents, C did not notify and explain to the Plaintiff the details of the instant lease agreement and the confirmation and explanatory note of the object of the lease, without entirely stating the details of the lease.
(d)
The instant multi-family house was sold in KRW 382,50,000, which is the value lower than (586,123,100 won) the appraisal of June 18, 2020, from the auction procedure (Ulsan District Court H) commenced on March 14, 2019.
On July 28, 2020, the auction court distributed KRW 376,946,443, which deducts the execution cost from the total amount of interest on the sale price, and distributed KRW 20,000,000 to I, J and K, respectively, in the second order.