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(영문) 서울남부지방법원 2016.11.30 2016가단225289

약정금

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Basic Facts

On December 30, 2013, the Plaintiff entered into a lease agreement with the Korea Land and Housing Corporation and Seoul Gangnam-gu Seoul Metropolitan Government C apartment 701 Dong 704 (hereinafter “instant apartment”). The Defendant paid the lease deposit and the rent.

On June 16, 2015, the lessee of the apartment in this case was changed to D's wife.

[Reasons for Recognition] In the absence of dispute, the original defendant asserted the determination on the grounds for the claims stated in Gap's evidence Nos. 1 and 5, and agreed to transfer the right of lease to the defendant and accept half of the market price (fl.e., premium) in the event that the plaintiff is selected by applying for the supply of rental housing on behalf of the defendant who is disqualified.

The market price at the time of change of the above right of lease is equivalent to KRW 200,000,000, and the plaintiff received only KRW 17,000,000 among them, so the defendant should pay the remainder of KRW 83,00,000 ( KRW 200,000,000/2-17,000,000) to the plaintiff.

Judgment

There was an agreement between the original Defendant solely on the basis of each description of evidence Nos. 1 through 5.

(1) The Plaintiff’s assertion is difficult to accept, even if there is no other evidence to acknowledge that the agreement was made at the time of the change of the above right of lease, that is, the premium was equivalent to 200,000,000 won, and it is difficult to accept the Plaintiff’s assertion since it violates the relevant laws and regulations prohibiting the supply of rental housing to disqualified persons

Therefore, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.