beta
(영문) 서울중앙지방법원 2017.02.23 2016가단47247

구상금

Text

1. The Defendant’s KRW 38,215,387 as well as the Plaintiff’s annual rate from January 4, 2014 to June 10, 2016.

Reasons

1. Facts of recognition;

A. A. Around December 2005, B received a proposal to offer KRW 5 million in return for the loan of the name of the association of disabled persons located in the Gyeonggi-do to enter into a contract under the name of B from C (the name is not accurate according to the statements made by B in the investigative agency of the investigation agency of the Association of Disabled Persons located in Leecheon-do) etc.

(2) On January 6, 2006, 2006, the Gyeonggi-do Local Public Corporation (hereinafter “Seoul-do Public Corporation”) concluded a lease agreement with respect to the lease deposit amounting to KRW 59,60,00, monthly rent of KRW 487,00, and the lease term of KRW 487,00 from October 208 to October 201, 201 (hereinafter “instant lease agreement”) with the intention of lending only the name without the genuine intention of lease, and the lessee’s lease right recognized under the instant lease agreement was concluded.

(3) Article 6 Subparag. 1 of the instant lease agreement provides that “The lessee shall not transfer the right of lease or sub-lease the rental house to another person in violation of the Rental Housing Act,” and Article 10(1)2 provides that “Where the lessee transfers the right of lease of the rental house to another person or sub-leases the rental house in violation of the provisions of Article 13 of the Rental Housing Act, the lessor may cancel or terminate the instant lease agreement, or refuse to renew the lease agreement.”

(4) From May 2008, E employed the G Licensed Real Estate Agent Office located in the G Licensed Real Estate Agent Office located in the F Apartment apartment apartment building in Sungsung City as a broker assistant to the Defendant, who is a licensed real estate agent, but the report pursuant to Article 15(1) of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act (hereinafter “Licensed Real Estate Agent Act”) was not made.

(5) A licensed real estate agent, H is located in the I apartment complex from November 2008 to August 24, 2009.