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1. Defendant B’s KRW 1,270,000 and the Plaintiff’s annual rate of KRW 5% from July 6, 2017 to July 16, 2020.
Reasons
1. Basic facts
A. On February 11, 2014, Defendant B completed the registration of ownership transfer with respect to No. 13 E of the building of Ulsan-gu D (hereinafter “instant real estate”).
B. On September 4, 2014, Defendant C, on behalf of Defendant B, concluded a lease agreement (hereinafter “instant lease agreement”) on behalf of the Plaintiff, setting the lease deposit amount of KRW 20 million, monthly rent of KRW 1.2 million, from September 23, 2014 to September 22, 2015, with respect to the instant real estate between the Plaintiff and the Plaintiff as a broker of Licensed Real Estate Agent F.
C. On June 10, 2016, Defendant B filed a lawsuit against the Plaintiff for the cancellation of the instant lease contract on the grounds that the Plaintiff did not pay KRW 10 million out of the deposit amount of KRW 20 million, and that the Plaintiff did not pay the management expenses and monthly rent, and for the delivery of the instant real estate and the payment of overdue rent and the management expenses, etc., as the head of 2016da58064.
On March 8, 2017, the above case No. 2016Gadan58064 was proceeded by service by public notice, and on March 8, 2017, the judgment of the court below (hereinafter “the first judgment of this case”) stating that “the Plaintiff shall deliver the instant real estate to Defendant B, deliver the instant real estate, and pay the amount calculated at the rate of KRW 5,807,230, and KRW 1.2 million per month from December 23, 2015 to the completion date of delivery of the instant real estate.”
The Plaintiff filed an appeal against the judgment of the first instance, and the judgment that modified the judgment of the first instance of this case (hereinafter “the judgment of the second instance of this case”) was rendered on December 6, 2017 with the purport that “the Plaintiff shall deliver the instant real estate to the Defendant B, and the Defendant B shall pay KRW 3,792,770 to the Plaintiff,” from the case of this Court 2017Na21428, 2017Na1905 (Counterclaim) (Counterclaim).
Although Defendant B filed an appeal against the judgment of the second instance, the Supreme Court rendered a judgment dismissing the appeal on April 26, 2018.
(1) Defendant B received KRW 10 million out of the lease deposit by September 19, 2014.
(2) The Plaintiff is only the Defendant until December 22, 2014.