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(영문) 인천지방법원부천지원 2014.12.23 2014가단19921

손해배상(기)

Text

Defendant B shall pay to the Plaintiff KRW 45,656,985 as well as 20% per annum from August 6, 2014 to the day of complete payment.

Reasons

Facts of recognition

On June 1, 2010, the Plaintiff leased Defendant C, a licensed real estate agent, No. 801 of the 507-dong No. 807 (hereinafter “instant apartment”) that had not been registered from Defendant B by the brokerage of Defendant C, under the following conditions:

(hereinafter “instant lease agreement”). Terms and conditions of a special agreement from July 6, 2010 to July 5, 2012, 2012 (hereinafter “instant special agreement”) are as follows: (a) lease deposit of KRW 120 million (in the event of a contract, KRW 11,00,000,000: Payment at the time of a contract, any balance of KRW 109,000,000: Payment on July 6, 2010) for the term of lease; (b) lease deposit of KRW 12,00,000 (hereinafter “instant special agreement”).

2. The current state of not being registered and the lessee shall make a move-in report after the establishment of the right to collateral security;

3. Loans shall remain 160,000,000 won on the basis of principal.

On July 5, 2010, Defendant B entered into a loan transaction agreement (hereinafter “the instant loan”) with the National Agricultural Cooperative Federation (hereinafter “CF”) and drafted a letter of commitment stating that “self-reliance will confirm that the instant loan is applied for on the premise that he/she moves into the instant apartment, and will not lease the instant apartment to another person without his/her own occupancy, and transfer the same to his/her domicile, other than his/her family.”

However, on July 6, 2010, the Plaintiff paid the remainder of the lease deposit, and completed the move-in report (hereinafter “the move-in report in this case”) on the instant apartment that had not yet been registered.

On August 12, 2010, Defendant B paid the remainder of the purchase and sale of the instant apartment with the agricultural loan, and completed the registration of ownership preservation for the instant apartment. The Nonghyup completed the registration of ownership creation for the instant apartment with respect to the instant apartment, the maximum debt amount of KRW 228,00,000, and the registration of ownership creation for the Defendant B with respect to the instant apartment (hereinafter “mortgage”).

The Nonghyup shall confirm the fact of the move-in report of this case and implement it to Defendant C, the debtor of the Defendant B, who is an individual, to be the primary mortgagee pursuant to the loan agreement of this case.