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(영문) 서울중앙지방법원 2021.02.02 2020가단5127138
공제금 등 청구의 소
Text

The defendant's KRW 32,00,000 and its relation to the plaintiff shall be 5% per annum from July 18, 2020 to February 2, 2021.

Reasons

1. Facts of recognition;

A. The Plaintiff is the lessee who leased Nonparty D’s multi-family house E in Dong-gu, Daejeon (hereinafter “the instant multi-family house”) owned by Nonparty D as a broker for the Defendant’s assistant participant, and the Defendant is a mutual aid association that entered into a mutual aid agreement with the Defendant to compensate for the damages incurred by the Defendant’s assistant participant and the client due to the brokerage accident within the limit of KRW 100 million (hereinafter “instant mutual aid agreement”).

B. On July 23, 2018, with respect to D and the instant multi-family house F, the Plaintiff entered into a lease agreement with a deposit of KRW 80 million from August 29, 2018 to August 28, 2020 (hereinafter “instant lease agreement”), and on August 29, 2018, the Plaintiff paid all deposits, and thereafter made a move-in report and received a final date after moving into the said F.

(c)

At the time of the conclusion of the instant lease agreement, the right to collateral security was established on the instant multi-family house with the maximum amount of KRW 377 million and KRW 28 million in each claim. Meanwhile, the Defendant’s assistant participant, depending on the lessor’s oral statement, prepared and issued to the Plaintiff a letter verifying the object of collateral security, stating that the deposit of another lessee of the said multi-family house is KRW 275 million in total, as follows, according to the lessor’s oral statement.

J NI H H L F M KO Q P

D. After the Plaintiff’s occupancy, the instant multi-family house was sold in accordance with the voluntary request for auction by the G Union. The lessee of the instant multi-family house, other than the first floor office (five million won guaranteed) during the process of the auction, entered into a so-called “second-term lease” contract and the deposit was attached thereto.

1. It was revealed that the sales price of the said house exceeded KRW 700,000,00 other than F, as stated above. Ultimately, on April 23, 2020, the Plaintiff was distributed in preference to the mortgagee and other lessee on April 23, 202, and the Plaintiff did not receive any distribution at all.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 9, and all pleadings.

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