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(영문) 대전지방법원 2018.08.20 2017나117013
임대차보증금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Determination as to the cause of claim

A. On February 17, 2015, the Plaintiff is a D building, which is a multi-family house on the Seo-gu Daejeon District C (hereinafter “instant building”) between the Defendant and the Defendant.

3) Regarding No. 303, the lease deposit amount of KRW 70 million (hereinafter “the lease deposit of this case”).

(A) The term of lease is set from March 10, 2015 to March 9, 2017, and a lease contract (hereinafter “instant lease contract”).

(2) On March 10, 2015, the Plaintiff entered into a compulsory sale by official auction (hereinafter “instant compulsory sale by official auction”) of the instant building to Daejeon District Court E as to the instant building on the same day and applied for a distribution as the right to claim the return of the instant lease deposit. At that time, the instant lease contract was terminated by implied agreement, and the Plaintiff transferred the instant building No. 303 on December 30, 2015 to the Defendant on the same day.

3) On September 1, 2016, the Plaintiff failed to receive dividends from the compulsory auction of the instant real estate in progress. Accordingly, the Plaintiff filed a lawsuit of demurrer against distribution with the Daejeon District Court 2015dan227595, and rendered a final and conclusive decision of recommending settlement on May 27, 2016, which made the amount of dividends to the Plaintiff KRW 70 million. Accordingly, the Plaintiff received dividends of KRW 40,039,357, including KRW 39,999,475 and interest interest. 4) The Plaintiff filed a lawsuit against the Real Estate Agent F and the Korean Licensed Real Estate Agent Association, which arranged the instant lease agreement, to jointly pay the Plaintiff KRW 9,00,00,157, and the Korean Licensed Real Estate Agent Association received damages from the Korean Licensed Real Estate Agent Association and the Korean Licensed Real Estate Agent Association on March 4, 2017; and received damages for delay from the Korean Real Estate Agent Association.

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