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(영문) 서울동부지방법원 2019.06.26 2018나25610

부당이득금

Text

1. Of the judgment of the court of first instance, the part against the Plaintiff regarding Defendant D, which constitutes the following amount ordered to be paid.

Reasons

1. Basic facts

A. On August 25, 2015, the Plaintiff: (a) as a broker of Co-Defendant B (hereinafter “B”) of the first instance trial on August 25, 2015, the Plaintiff leased the first floor F of the commercial building (hereinafter “instant real estate”) in the Hanam-si block complex in which Defendant C was sold at the time; (b) as the deposit amount of KRW 50 million; (c) monthly rent; and (d) from June 30, 2016 to June 30, 2018, the Plaintiff paid KRW 10 million in total, five million in down payment and five million in intermediate payment, and the remainder of KRW 40 million shall be paid at the time of a contract; (d) the remainder of the occupancy date and the remainder of the occupancy date are the date of designation of occupancy of the construction company (hereinafter “instant lease”); (e) the lease contract was concluded with Defendant C as the date of the instant contract and the intermediate payment.

B. On April 2016, the Plaintiff requested B to find a new lessee to terminate the instant lease agreement, but failed to seek a new lessee by June 30, 2016.

C. Meanwhile, on April 15, 2016, Defendant C sold the right to sell the instant real estate to Defendant D, and the registration of ownership transfer was completed under Defendant D’s name on July 20, 2016 after the registration of ownership transfer was completed under the name of I Co., Ltd. on the instant real estate.

Defendant D, on July 14, 2016, did not implement the instant lease contract and the instant lease contract until July 17, 2016, to the Plaintiff.

“The instant lease contract was notified to the effect that it would be cancelled, and the text messages sent to the effect that the instant lease contract would be cancelled if the salesroom and the contract were not performed by July 24, 2016.

E. On July 29, 2016, Defendant D entered into a lease agreement with G on a deposit of KRW 3 million and monthly rent of KRW 2.5 million with respect to the instant real estate.

G The instant real estate was transferred on July 31, 2016.