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(영문) 서울중앙지방법원 2020.06.24 2019가단5018740

손해배상(기)

Text

1. The request is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On March 6, 2013, the Defendant entered into a lease agreement with the Korea Land and Housing Corporation and the Seoul Gangnam-gu Seoul Metropolitan Government Group D E-ho, a deposit of KRW 56,000,000, monthly rent of KRW 636,000, and paid the deposit.

The above Bogeumjari Housing was constructed and its address was determined by the Gangnam-gu Seoul FE, and the defendant moved in around July 24, 2015, and the deposit was increased to KRW 102,00,000, and monthly rent was reduced to KRW 313,000.

B. On January 2015, the Plaintiff acquired the right to lease of the said rental housing from G, etc. that represented the Defendant.

[Plaintiff’s assertion that the transfer price (Listium) with the Defendant is KRW 150 million, while the Defendant initially transferred 80 million to H through the introduction of G, etc., the Defendant also received KRW 80 million from the Plaintiff. The amount of contract documents (A) is not specified, and the Plaintiff’s claim is indicated as the Defendant as the receipt of KRW 30 million out of the receipt of the payment that the Plaintiff paid four installments, and the remainder is not sufficient to recognize the Plaintiff’s claim as the transfer price with the Defendant, in full view of the fact that the Plaintiff is G, etc.

On May 16, 2017, the Plaintiff agreed to change the name of the Defendant and the lessee of the foregoing rental housing to I by the Plaintiff, and accordingly the Defendant and I submitted an application for approval of the transfer of the right of lease to the Korea Land and Housing Corporation.

The purchase and sale agreement between the plaintiff and the defendant shall be determined as follows:

【Non-Dispute】

2. The assertion;

A. In order to raise 12 million won of the deposit for the above rental housing, the Defendant: (a) borrowed approximately KRW 82.4 million from the JA and paid interest monthly; and (b) extended loans at the end of 2017; and (c) demanded the Plaintiff to repay the Plaintiff’s debt on behalf of the Plaintiff on the ground that the extension was not possible.

Therefore, since the plaintiff is in a state where the transfer of right of lease is approved, the defendant shall extend the loan, and when the lessee is changed after the transfer approval, the plaintiff shall repay and deposit money.