손해배상(기)
1. Defendant D and E shall jointly and severally serve as KRW 7,500,000 on the Plaintiff and as a result, from December 16, 2015 to September 13, 2017.
1. Basic facts
A. Defendant D is the operator of the “G Licensed Real Estate Agent Office” located in the Gangnam-gu Seoul Metropolitan Government F apartment 7 shopping complex 104, and Defendant E is the employee of the said Licensed Real Estate Agent Office.
Defendant B is a lessee who has concluded a lease contract with the Korea Land and Housing Corporation in Gangnam-gu Seoul Metropolitan Government, 706 Dong 1302 (hereinafter “instant apartment”).
B. On February 2, 2015, Defendant D and E conspired with the Plaintiff on the right to lease in the name of Defendant B regarding the instant apartment, stating that “The transfer of the right to lease of a public rental apartment is illegal or exceptionally permissible, but the right to lease of the instant apartment shall be purchased as the lessee B of the instant apartment becomes a director at a remote place, thereby complying with the terms and conditions of the right to lease transfer.”
However, in fact, Defendant D and E did not properly confirm whether they move their residence to another administrative district of not less than 40 km due to work, life, etc., and in fact, B did not have a plan to move their residence to another place on the ground of work, life, etc. at the time. Therefore, even if the Plaintiff acquired the right to lease of the apartment of this case in the name of B, he did not have the intent or ability to allow the Plaintiff to take over the right to lease the apartment of this case normally with the approval of the transfer
Defendant D and E, as such, by deceiving the Plaintiff, entered into a lease contract on the apartment of this case with the Plaintiff, and, i.e., by receiving KRW 100,000,000 for a check as a down payment from tin.
C. Defendant D and E was indicted on November 9, 2016 due to the criminal facts under the above B, etc. and finalized on June 21, 2017 upon conviction (one year of imprisonment, two years of suspended execution, and community service).
Defendant D and E returned totaling KRW 92,50,000 to the Plaintiff ( KRW 50,000,000 on October 6, 2015, KRW 10,000 on the date, KRW 22,50,000 on the date, KRW 22,50,000 on the date, and KRW 10,00 on the date, KRW 4,00 on May 16, 2017).
[Ground of recognition] Unsatisfy, Gap evidence 3.