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(영문) 대전지방법원서산지원 2016.07.13 2015가단1231
손해배상
Text

1. As regards Defendant B, D, and E jointly with the Plaintiff KRW 70,000,00 and its KRW 48,000,000 among them, Defendant B, D, and E shall start on April 15, 201.

Reasons

1. Basic facts

A. On April 15, 2011, the Plaintiff entered into a lease agreement with Defendant D, setting the lease deposit amounting to KRW 70 million and the lease term from April 17, 201 to April 16, 2013 (hereinafter “instant lease agreement”). Defendant B and E arranged the instant lease agreement.

Defendant B, E, and D stated to the Plaintiff in its place that “it was in the state of registration of ownership preservation in the current executive company’s name, and the registration procedure for ownership transfer is in progress in the name of Defendant D. The fixed date is made after the registration of ownership transfer was made in the name of Defendant D. The occupancy time shall be until April 17, 201.”

However, on April 15, 2011, Defendant D completed the registration of ownership transfer and the registration of ownership transfer in its own name under the name of the National Agricultural Cooperative Federation (the maximum amount of bonds KRW 219.6 million) and the New Young-gu Co., Ltd. (the maximum amount of bonds KRW 39,408,000). Defendant B, E, and D did not notify the Plaintiff of such fact.

B. The following is indicated in the column of the special terms of the lease agreement signed on April 15, 201 between the Plaintiff and Defendant D:

1. The contract for the transfer of ownership in the current owner of the ownership to Defendant D;

2. To make a re-preparation of the rental contract with the broker when the transfer of ownership is completed to Defendant D;

3. The lessee shall obtain a move-in report and a fixed date after the transfer of ownership from Defendant D;

C. On April 15, 201, the Plaintiff wired KRW 48 million out of the lease deposit to the account in the name of Defendant D, and KRW 22 million on April 17, 201, and moved into the instant apartment on April 17, 201.

On April 29, 2011, the Plaintiff alleged that Defendant B and E had already completed the establishment registration of the neighboring apartment in the instant apartment on April 29, 201, and Defendant B, E, and D were out of the collateral security debt to the Plaintiff.

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