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(영문) 서울중앙지방법원 2019.05.16 2017가단5194817
공제금 등 청구의 소
Text

1. As to Plaintiff A’s KRW 21,652,664, Plaintiff B’s KRW 16,50,000, and each said money, from December 31, 2017.

Reasons

1. Basic facts

A. On September 2, 2015, Plaintiff A entered into a lease agreement with G, the owner of the multi-family house located in the Ulsan-si F in Ulsan-si, Ulsan-si (hereinafter “instant multi-family house”) and with the term of lease from September 27, 2015 to September 27, 2017 (hereinafter “first lease agreement”).

Plaintiff

A, after fully paying the lease deposit to G on September 27, 2015, A has moved into the lease deposit, and after completing the move-in report on October 2, 2015, A received the fixed date.

B. On January 22, 2016, Plaintiff B entered into a lease agreement (hereinafter “second lease agreement”) with respect to G and the instant multi-family house H as a broker by a licensed real estate agent D, with the lease deposit amounting to KRW 50 million and the term of lease from February 20, 2016 to February 19, 2018.

Plaintiff

B On February 20, 2016, after having moved into the lease deposit to G on February 20, 2016, after completing the move-in report on March 16, 2016, the fixed date was received.

C. D’s confirmation and explanatory note of the object of brokerage delivered to Plaintiff A at the time of the first lease agreement indicated “matters of rights other than ownership” in the “matters of register” as the “matters of rights other than ownership” in the “matters of the highest amount of claims”, and indicated “the matters of rights other than the real relation of rights or the matters of rights which are not publicly notified” in the “matters of rights in real relation of rights and interests of multiple tenants” in the “matters of rights.”

D The confirmation and explanatory note of the object of brokerage delivered to Plaintiff B at the time of the second lease agreement includes “matters of rights other than ownership” in the “matters of register” as the “matters of rights other than ownership,” and the “matters of rights other than the actual relation of rights or matters of rights which are not publicly notified” is indicated in the “matters of rights of the object” column.

E. The lease status of the instant multi-family house at the time of the instant first and second lease agreements and thereafter thereafter is as follows.

Ultimately, this case.

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