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(영문) 서울서부지방법원 2014.12.24 2014가단584

임대차보증금 반환 등

Text

1. The Plaintiff:

A. Defendant D’s KRW 65,00,000 and for this, 5% per annum from May 18, 2014 to December 24, 2014.

Reasons

1. Basic facts

A. The Seoul Mapo-gu Seoul Mapo-gu Ground Building (hereinafter “instant real estate”) owned by Defendant B, and as to 3/10 of the shares of Defendant B, the registration of partial transfer of ownership was completed on May 16, 2013 due to the donation on May 14, 2013, and the registration of extension of the said real estate was completed on February 19, 2014.

B. Defendant E is a licensed real estate agent of the G office, Defendant D is a brokerage assistant, and Defendant Korea Licensed Real Estate Agent Association (hereinafter “Defendant Association”) is a mutual aid business entity that entered into a mutual aid agreement with Defendant E.

C. On April 13, 2013, Defendant B prepared a “agreement and exclusive contract” with Defendant D with respect to the remodelling construction and lease of the instant real estate, as follows:

(hereinafter referred to as the “instant agency contract”) . 1. A (referring to Defendant B; hereinafter the same shall apply) takes responsibility for the name of the lessee of the instant real estate and cooperates with the documents concerning remodeling (large-scale repair)/lease.

2. B (Defendant D; hereinafter the same shall apply) will bear the costs incurred in relation to the second floor and new construction, the first floor and the second floor in remodeling (large-scale repair)/rental (large-scale repair)/rental of the real estate in this case and will act as an agent for the long-term lease.

◎ 대수선(반지층과 1층, 2층 전부) ◎ 신축(약 7평) 내용: 내부철거, H빔, 폐기물, 장비투입, 인건비, 나무철거, 담 철거, 마당 1차2차 철거, 미장, 정화조 100인조, 상하수도, 가스, 전기, 설계비 기타 등등 3, 4층 신축 정화조 배관/수도 입상 지원

3. The construction period of remodeling of the real estate in question is completed from May 3, 2013 to September 2, 2013 and completion is scheduled until September 10, 2013 due to administrative problems;

4.B shall be all responsible when a construction problem arises.

5. Eul shall endeavor to maintain and make every effort to specify the date of the construction-related and the lease date of the real estate concerned.

6. The total rent shall be KRW 210,000,000 per month, plus KRW 18,30,000.