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(영문) 서울중앙지방법원 2020.07.07 2019가단5243683
공제금 등 청구의 소
Text

1. The Defendant’s KRW 17.5 million with respect to the Plaintiff and the Plaintiff’s annual rate from December 21, 2019 to July 7, 2020, and the following.

Reasons

1. Facts of recognition;

A. (1) The Defendant entered into a mutual aid agreement and a lease agreement of the instant mutual aid agreement (hereinafter “instant mutual aid agreement”) with a licensed real estate agent E operating the “D Licensed Real Estate Agent Office” in Daejeon-gu, Daejeon-gu, setting the mutual aid amount as KRW 100 million from January 29, 2016 to January 28, 2017; and E entered into a mutual aid agreement (hereinafter “instant mutual aid agreement”) with a view to compensating the transaction party for property damage due to intention or negligence in performing real estate brokerage as provided by the Licensed Real Estate Agent Act.

(2) On July 22, 2016, the Plaintiff concluded a lease agreement with respect to I as to F and the building on the fourth floor on the H of the fourth floor on the G ground of the Dong-gu Seoul Special Metropolitan City (hereinafter “instant multi-family house”), which was determined from July 22, 2016 to July 21, 2018 (hereinafter “instant lease agreement”). On July 22, 2016, the Plaintiff paid the entire deposit and received the said I, and completed the move-in report on July 26, 2016, and received the fixed date on the same day.

B. (1) The phrase “rights relations” in the description of confirmation and explanatory note of the instant object of brokerage prepared and delivered by E at the time of entering into the instant lease agreement (hereinafter “the description of confirmation of the object of brokerage of this case”) refers to “the maximum amount of claims amounting to KRW 546 million, debtor F, and collateral-mortgage J.” with respect to matters of rights other than ownership.

(2) Of the confirmation description of the instant object, the term “actual relation of rights or matters of rights to the object that has not been publicly announced” refers to “147 million won of the deposit for lease in the order of priority.”

C. (1) At the time of entering into the instant lease agreement, the relationship between the rights of the instant multi-family house and the instant multi-family house shall be determined on June 16, 2016, causing KRW 546 million to the mortgagee J.S. and the maximum debt amount.

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