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(영문) 부산지방법원 2017.06.15 2016가단308520
보증금반환
Text

1. The Plaintiff, Defendant Corporation, and the Korea Licensed Real Estate Agent Association, are 74,722,506 won, and Defendant B and Defendant Korea Licensed Real Estate Agent Association.

Reasons

1. Facts of recognition;

A. Defendant B is a practicing licensed real estate agent who operates the “D Real Estate Agent Office” in Busan Dong-gu C.

B. (1) On June 29, 2015, the Plaintiff entered into a pre-sale agreement (hereinafter “the pre-sale agreement”) with the Defendant Company on KRW 80,000,000 for the pre-sale deposit (8,000 for the intermediate payment of KRW 30,000 on July 3, 2015) with respect to the real estate listed in the separate sheet owned by the Defendant Company (hereinafter “Defendant Company”). From July 20, 2015 to July 19, 2016, the remainder of KRW 42,00,000 for the intermediate payment of KRW 30,000 for the remainder payment of KRW 42,00,000 for the remainder payment on July 3, 2015). The pre-sale agreement was concluded for a period of one year from July 20, 2015 to July 19, 2016.

(2) There are special provisions regarding the instant lease contract, and among which, at the end of July, there is a provision stating that “1,440,000,000 won shall be cancelled as at the end of July. The entire amount of the deposit shall be returned at the time of the non-execution and the contract shall be reversed” (hereinafter “the instant special agreement clause”).

(3) Although the instant lease contract was made by the introduction of Defendant B, the intermediary assistant of Defendant B, the indication of Defendant B, the representative of the broker office, and the signature and seal of Defendant B, was not made in the “ broker” column of the former lease contract.

C. At the time of entering into the lease contract of this case, the registration of the establishment of the neighboring mortgage was completed two as follows.

(1) The registration of creation of a mortgage in the first place: Contract concluded on April 16, 2015; the maximum debt amount of the contract concluded on April 16, 2015; the maximum debt amount of the debt amount of 4,550,000,000,00 for the grounds for registration; the debtor company; the defendant company; the Namcheon Credit Union (2) of the instant case: The registration of creation of a mortgage in the second place of the second place of the instant case as of April 17, 2015; the contract concluded on April 17, 2015; the maximum debt amount of 1,440,00,000 won as of April 17, 2015; the debtor company

D. (1) The Plaintiff paid the full amount of the lease deposit to the Defendant Company, and moved in the instant bank, which is the second secured mortgage, Busan Bank.

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