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(영문) 의정부지방법원 2015.10.16 2015나2424

중개수수료

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a co-owner holding 5/25 shares of the land site C and the building on its ground (hereinafter “instant real estate”), which is a real estate agent.

B. On March 12, 2013, the Defendant and other co-owners of the instant real estate: D, E, F, and G entered into a lease agreement with the Defendant (hereinafter “instant lease agreement”) with respect to the lease deposit of KRW 400,000,000, monthly rent of KRW 13,000,000, and five years, with respect to the exclusive area of KRW 115.70,00 in the first floor of the instant real estate (hereinafter “instant lease agreement”).

C. According to the instant lease agreement, the Defendant received KRW 40,000,000 as the down payment at the time of entering into the said lease agreement, and agreed to be paid the remainder on August 31, 2013 (the commencement date of the Humanate Corporation).

According to Article 2(6) of the instant lease agreement, when the Defendant pays the remainder of the lease deposit in order to secure the return of the lease deposit, the Defendant shall set up a second right to lease on the instant real estate. If the mortgage, chonsegwon, provisional seizure, provisional disposition, and trust registration, etc. are newly registered on the instant building prior to the establishment of a right to lease on a deposit basis, it may terminate the contract. In such case, the Defendant agreed to pay the down payment with the penalty for penalty to the B

E. The shares of the Defendant and other co-owners F and G with respect to the instant real estate were seized by Korea on March 12, 2013.

On June 26, 2013, creditor H, claim amount of 23,500,000 provisional attachment registration was completed on June 26, 2013, creditor I, claim amount of 317,00,000 provisional attachment registration was completed on July 10, 2013.

(f)FEB terminated the instant lease contract on the grounds of the above attachment and provisional attachment, etc., and the Defendant paid to FEB 80,000,000 won as penalty for breach of contract.

[Reasons for Recognition] There is no dispute;