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(영문) 서울중앙지방법원 2020.08.25 2019가단5269555
공제금 등 청구의 소
Text

1. The Defendant: 12,250,300 won to Plaintiff A; 19,750,300 won to Plaintiff B; and each of them from January 24, 2020 to August 20, 202.

Reasons

1. Basic facts

A. On July 6, 2017, Plaintiff A entered into a lease agreement (hereinafter “instant lease agreement”) and a mutual aid agreement (hereinafter “instant multi-family house”) and a multi-family house located in F from E in the time of Si interesting in the ownership of the Plaintiff as a broker of D, a licensed real estate agent, on July 6, 2017

(G) G (hereinafter referred to as “G”)

(2) On March 21, 2018, Plaintiff A leased the instant multi-family house H heading (hereinafter “H heading”) from E as a broker in the foregoing D, with the lease deposit amounting to KRW 50,000,000, and the lease period from July 16, 2017 to July 15, 2018. The Plaintiff A, on July 16, 2017, was fully paid the said deposit and moved in, made a move-in report on July 20, 2017, and obtained a fixed date; 2) the Plaintiff B leased the instant multi-family house H heading (hereinafter “H heading”) from E from the lease deposit amounting to KRW 65,00,000,000, and the lease period from April 14, 2018 to April 13, 2020.

Plaintiff

B On April 14, 2018, the aforementioned security deposit is paid and moved in on April 17, 2018, and the move-in report was made on April 17, 2018, and the date of confirmation was obtained.

3) D entered into a mutual aid agreement with the Defendant to compensate for the damages of the client who suffered from a brokerage accident during the period of mutual aid. B. At the time of the lease agreement, the instant multi-family house in the state of right is the fourth floor of 15 households. The first floor was the second class neighborhood living facilities (it was permitted to use as a general restaurant, but it was illegally changed to use as a multi-family house for three households, and the second class was permitted to use as three households, and the third class was used as two households, and each five households was illegally opened.

At the time of entering into the instant lease agreement, the instant multi-family house was established with a maximum debt amount of KRW 351,00,000.

Plaintiff

A around the time of occupancy, the sum of the deposit of 13 senior lessees was KRW 695,00,000, and the sum of the deposit of 14 senior lessees was KRW 745,00,000 at around the time of the occupancy of the Plaintiff B.

C. D’s brokerage and explanation details are as follows: (a) the maximum debt amount of the instant multi-family house is KRW 351,00,000,000, while mediating the Plaintiffs’ lease agreement.

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