Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Basic facts
A. The status C is the owner of the real estate indicated in the separate sheet (hereinafter “multi-family house in this case”) and the lessor who entered into a lease contract with the Plaintiff. The Defendant is the Real Estate Mutual Aid Association (100 million won) to which D, a real estate real estate agent who arranged the above lease contract, is a party.
B. (1) On June 22, 2013, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with D, setting the period as to E units of the instant multi-family house (hereinafter “instant leased building”) from June 26, 2013 to June 25, 2015, setting the deposit amount as KRW 50,000 (hereinafter “instant lease agreement”).
(2) On June 26, 2013, the Plaintiff: (a) paid the entire deposit to C; (b) did not complete the move-in report; and (c) did not obtain the fixed date in the lease contract.
Instead, on June 26, 2013, the Plaintiff completed the registration of the establishment of chonsegwon with the Plaintiff as the person having chonsegwon, from June 26, 2013 to June 25, 2015 with respect to the instant multi-family house.
(3) Before the Plaintiff entered into the instant lease agreement, the instant multi-family house had already been registered prior to the creation of a mortgage over KRW 260,000,000 with the maximum debt amount under the F Association’s name on April 9, 200, and KRW 65,000,000 with the maximum debt amount under the F Association’s name on May 7, 2012. Since the registration of the establishment of a right to lease on a deposit basis on June 26, 2013 under the Plaintiff’s name, the registration of the establishment of a right to lease on a deposit basis was completed on April 9, 2014, with the registration of the establishment of a right to lease on a deposit basis, KRW 55,00,00,000, KRW 3 G, and KRW H
The instant multi-family house at the time of the instant lease agreement was divided into levels of 1st, E, J, K, L, 2nd floor M, N, P, Q, 3rd floor G, R, and S, and each of the units of 414,00,00,00 won, including the deposits described in Nos. 1 through 11 below, was entered into a prior lease agreement.
(v).