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(영문) 서울중앙지방법원 2018.01.16 2016가단137126

손해배상(기)

Text

1. The Defendant shall pay to the Plaintiff KRW 29,100,324 and the interest rate of KRW 15% per annum from December 2, 2016 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On November 26, 2010, C acquired ownership of a house indicated in the “instant house” on the attached building (hereinafter “instant house”). Although the said house was published as one house on the registry, it was actually modified and reconstructed without permission of two independent houses, and each door was indicated with the number of “401” and “402.”

(The parts indicated as above are divided and indicated as 401 (hereinafter “instant 401”) and the part indicated as 402 (hereinafter “instant 402”). B.

C On June 1, 2011, D and C concluded a lease agreement to lease the instant No. 402 to D with a deposit of KRW 80 million, and D received the said KRW 80 million from D and delivered the said KRW 402.

C. On March 2, 2013, the Plaintiff entered into a lease agreement with C on the terms and conditions that the Plaintiff leased the instant 401 KRW 210 million from May 4, 2013, and the period from May 4, 2013 to May 4, 2015 (hereinafter “instant lease agreement”). As to the lease deposit amount of KRW 20 million, the Plaintiff paid KRW 2 million on the date of the conclusion of the said agreement, and KRW 18 million on March 4, 2013, and the remainder KRW 190 million on May 4, 2013, the Plaintiff agreed to use KRW 170 million for the purpose of repaying the collateral obligation established regarding the instant housing, and thereafter, the Plaintiff and C agreed to change the date of payment of KRW 190 million and KRW 301 million on March 4, 2013.

The Plaintiff, a real estate licensed real estate agent, entered into the instant lease agreement with the Defendant, and E. At the time of the conclusion of the said agreement, the Plaintiff did not know that the instant housing was modified without permission for the structure classified by the instant 401 and the instant 402. As to the instant 401 building, which is the same as the instant housing indicated in the registry, and the instant 402, a certified copy of the registry.