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(영문) 창원지방법원 통영지원 2018.05.17 2017가단24136
보증금반환
Text

1. The Plaintiff:

A. Defendant B’s KRW 115,00,000 and interest rate of KRW 15% per annum from October 12, 2017 to the date of full payment.

Reasons

Basic Facts

On April 23, 2015, the Plaintiff: (a) as a broker by Defendant C of a licensed real estate agent who runs real estate brokerage business under the name of “D Real Estate Brokerage Office”, set the lease deposit of KRW 115,000,000 among multi-family houses with the fourth floor E on the ground (hereinafter “instant house”) owned by Defendant B; (b) from May 8, 2015 to May 7, 2017 (hereinafter “instant lease contract”); and (c) around that time, the Plaintiff paid the said lease deposit to Defendant B.

Before the conclusion of the instant lease agreement, each of the maximum debt amounts of KRW 299,00,000, and KRW 72,000,000, which are the right to collateral security (the aggregate of the maximum debt amounts of the two-mortgages) had already been set up prior to the conclusion of the instant lease agreement.

On the other hand, with respect to the instant house, the Plaintiff was the first lessee of the instant house: F (70,000,000, the fixed date on June 25, 2014), G (50,000,000, the fixed date on June 3, 2014), H (80,000,000, the fixed date on May 30, 2014), I (30,000, the fixed date on May 30, 2014), J (62,00,000, the fixed date on April 1, 2014), J (the fixed date on April 22, 2015), K (the fixed date on which the leased deposit was KRW 80,00,000,000, the fixed date on April 22, 200, the fixed date on the lease deposit was the sum of the lease deposit, the fixed date on April 30, 2005,3005.

With respect to the instant housing and the land that is the site thereof, the voluntary auction procedure was commenced in this court M. On October 25, 2017, the following dividends were made in relation to KRW 621,573,050 on the amount to be actually distributed on the date of distribution.

The dividend-based dividend-based dividend-based dividend-based dividend-based dividends-based dividends-based dividends-based dividends-based dividends-based dividends-based dividends-based dividends-based dividends-based dividends-based dividends-based dividends-based dividends-based dividends-based dividends-based dividends-based dividends-based dividends-based dividends-based dividends-based dividends-based dividends-based dividends-based dividends-based dividends-based dividends-based dividends-based dividends-based dividends-based dividends-based dividends-based dividends-based dividends-based dividends-based dividends-based dividends-based dividends-based dividends-based dividends-based (17,000,000,0000 17,000,0000,000, 23,98,5900, 358,098, 093, Apr. 1, 2004.

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