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1. Defendant E’s KRW 50,300,000 and its amount are 5% per annum from April 1, 2009 to August 3, 2016.
Reasons
1. Basic facts
A. Defendant D is a licensed real estate agent operating the F Licensed Real Estate Agent Office, and Defendant C was a brokerage assistant of Defendant D.
B. On October 30, 2008, Defendant E: (a) leased the lease deposit of KRW 69,000,000, monthly rent of KRW 395,000,00 in the lease deposit; (b) paid KRW 55,20,000 to the date of the contract; and (c) if G maintains the lessee’s status as to the instant apartment for ten (10) years, the remainder of KRW 55,20,000 in the lease deposit was paid at the time of occupancy ( around August 201).
C. On January 22, 2009, the Plaintiff purchased the above right to lease of the apartment of this case from Defendant E under the brokerage of Defendant C, for KRW 50,300,000, and around that time, paid the above amount to Defendant E through Defendant C.
G, the nominal owner of the apartment of this case, died around 201.
However, G’s inheritors did not recognize the Plaintiff’s status as the assignee of the right to lease of the instant apartment, and Defendant C completed the execution of the instant apartment by receiving a provisional disposition on October 24, 201, which was held against the Korea Land and Housing Corporation by Sungwon District Court Sung-nam Branch 201Kadan6084, G, as to the right to claim the provisional disposition on the right to claim the ownership transfer registration of the instant apartment against the Korea Land and Housing Corporation.
E. On January 31, 2012, after the occupancy time of the instant apartment, the Plaintiff leased the instant apartment in KRW 85,000,000 to I, and had him reside in the instant apartment.
F. The Korea Land and Housing Corporation discovered illegal transfer of the right of lease regarding the apartment of this case and terminated the lease agreement with G.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4, and 13, and the purport of whole pleading
2. Defendant C, and Defendant C.