(영문) 서울중앙지방법원 2018.04.04 2017가단5060259

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(영문) 서울중앙지방법원 2018.04.04 2017가단5060259

공제금 등 청구의 소

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1. The Defendant: (a) KRW 39,600,000 for the Plaintiff and KRW 5% per annum from May 28, 2017 to April 4, 2018.

Reasons

1. Basic facts

A. On August 2, 2014, the Plaintiff: (a) as a broker of Nonparty C, who is a licensed real estate agent, leased the Plaintiff’s title F from Nonparty D with the Seoul Yeongdeungpo-gu Seoul Metropolitan Government E (hereinafter “instant multi-family house”); (b) from August 13, 2014 to August 12, 2016, the lease deposit amount of KRW 10,000,000,000 on August 2, 2014, which was the contract date; and (c) received a move-in report and a move-in report on August 13, 2014, on which all remainder of the lease contract was actually occupied from Nonparty D on August 13, 2014, and received a move-in report on August 13, 2014.

In the process, the plaintiff paid C KRW 900,000 as an intermediary fee.

B. In mediating the lease of this case, the Defendant explained to the Plaintiff that the value of the multi-family house of this case is equivalent to 3.4 billion won, and as to each right to collateral (the right to collateral security (the right to collateral security was modified by each party to collateral security, G, and H) indicated in the register of the said multi-family house, each of the maximum debt amount of KRW 1,170,000,000 and KRW 270,000,000, but did not specifically explain the lease existing in the instant

C. At the time of the lease of this case and thereafter, the current status of the lease of the multi-family house of this case is as follows (unit: 10,000 won):

Therefore, in the multi-family house of this case around the time of the lease of this case, approximately KRW 2,409,00,000 [1,244,00,000 (the first lease deposit)] 1,165,000,000 (the first lease deposit of this case shall be the first lease contract with the lessee residing in the order of priority, and at the time of the lease of this case, the lessee entered into the first lease contract with the lessee, and thereafter the other lessee has moved in, barring any special circumstance, it shall be deemed that the amount of the lease deposit is the same as the amount of the lessee

[2] 1,440,000,000 won in aggregate of the deposit for lease and the maximum amount of debt.

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