logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.10.16 2017가단5174486
부당이득반환청구등
Text

1. The Plaintiff:

A. Defendant B’s KRW 39,056,539 and interest rate of KRW 12% per annum from August 16, 2018 to the date of full payment.

Reasons

1. Basic facts

A. 1) On March 4, 2017, the Plaintiff entered into a lease agreement and a mutual aid agreement with Defendant C, a licensed real estate agent on March 4, 2017, and Defendant D, a brokerage assistant thereto, and the nine-story building located in Gwanak-gu in Seoul Special Metropolitan City (hereinafter “instant building”).

A) A lease agreement with respect to subparagraph G (hereinafter “instant lease agreement”) is concluded between April 10, 2017 and April 9, 2019 with respect to the lease deposit amount of KRW 150 million, and the lease period of KRW 100 million (hereinafter “instant lease agreement”).

(2) On April 10, 2017, the Plaintiff concluded a move-in report and received a fixed date. (2) On April 10, 2017, the Plaintiff paid all the deposits to Defendant B, and moved in the said subparagraph G.

3) Defendant E Association (hereinafter “Defendant Association”)

(B) From November 25, 2016 to November 24, 2017, Defendant C entered into a mutual-aid agreement with the parties to a transaction regarding the instant building and its site prior to the conclusion of the instant lease agreement, with the Seoul Central District Court No. 30039, Feb. 20, 2017, as to the maximum debt amounting to KRW 912 billion, and the right to collateral security (hereinafter “priority collateral security”) established as a collective-mortgage-mortgage-holder’s association, with respect to the instant building and its site, where property damage was caused to the parties to a transaction by intention or negligence, as prescribed by the Licensed Real Estate Agent Act.

2. In addition, in the instant building, lessees with a prior fixed date than the Plaintiff entered into a lease agreement and reside therein, but the amount of the deposit and the details of the fixed date are as follows.

The fixed date of 1 I J 70,000,000 won on the date of the transfer of deposit for lease in the name of family unit on February 24, 2017: K L 150,000,000 won on February 24, 2017, February 24, 2017, MN 60,000,000 won on February 3, 2017, February 24, 2017; 165,000,000 won on February 4, 2017; 165,00,000 won on February 24, 2017; Amended by Presidential Decree No. 15305, Feb. 24, 2017; Presidential Decree No. 17875, Feb. 5, 2017; Presidential Decree No. 17888, Jul. 16, 2017>

arrow