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(영문) 창원지방법원 2014.10.29 2013가합7738

손해배상(기)

Text

1. The Defendant’s KRW 52,500,000 as well as 5% per annum from April 10, 2012 to October 29, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. 1) The Defendant and her husband B, who entered into a lease and sales contract, are Sungwon-si, Sungwon-si, Sungwon-si, 205 Dong 402 (hereinafter “instant apartment”).

Around January 2012, when a person jointly owns the apartment, he/she requested D to rent or sell the apartment in this case. (2) On the other hand, E had a debt to F and G with respect to the apartment in this case. However, F, while entering the apartment in this case, he/she would later transfer the ownership of the apartment in the name of F, while he/she would later transfer the ownership of the apartment in the apartment in this case, he/she would have leased the apartment in this case under the name of F, and receive the lease deposit as security, and G would have transferred the apartment in this case. As a result, G would have acquired the apartment in this case as security, and Licensed Real Estate Agent I requested for the lease and purchase of the apartment in this case and sought the consent of the lessor.

3) Around April 4, 2012, 100 million won (hereinafter “the instant lease deposit”) was decided to supply the instant apartment to Ha, and “G is short of funds to purchase the instant apartment, and if the Defendant leased the instant apartment to Ha, G shall be deducted from the purchase price the amount equivalent to the obligation to return the lease deposit acquired by G instead of succeeding to the lessor’s position and instead of succeeding to the lessor, and the lessee shall be entitled to receive the lease deposit due to the shortage of the lessee’s capital.” Accordingly, the Defendant shall receive the remainder of KRW 230 million (hereinafter “the instant lease deposit”), term from April 10, 2012 to April 10, 2014 (hereinafter “the instant lease deposit”), and the remainder of KRW 10 million shall be paid from G to the Plaintiff on the date of the instant lease contract, and KRW 50 million shall be paid directly from H to the intermediate payment. < Amended by Act No. 10721, Jan. 17, 2014>