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(영문) 서울남부지방법원 2020.07.23 2019가단249125
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Defendant B is a licensed real estate agent running the E Licensed Real Estate Agent Office in Yangcheon-gu Seoul Metropolitan Government, and Defendant C Association (hereinafter “Defendant Association”) is a person who entered into a mutual aid agreement (100 million won) with Defendant B under Article 42 of the Licensed Real Estate Agent Act.

B. On November 17, 2010, an incorporated association F (hereinafter “Lease”), G Co., Ltd. (hereinafter “G”) entered into a lease agreement with H (hereinafter “instant lease agreement”) to lease the five underground floors and the 11th or 19th floor out of the 20th floor above the Seoul Yangcheon-gu I ground (hereinafter “instant lease agreement”) to H (hereinafter “instant lease agreement”).

The lease term shall be ten years from the completion date of the leased object of this case (hereinafter referred to as "lease commencement date").

The lessee shall pay 2 billion won as the lease deposit on the date of conclusion of the lease contract of this case, and 8 billion won as the deposit account opened in the name of the lease trustee on the commencement date of lease.

C. H paid KRW 2 billion out of the lease deposit under the instant lease agreement to F and G, but failed to pay KRW 8 billion after the date of commencement of the lease.

After that, on April 18, 2012, J (hereinafter “J”) succeeded to the lessee’s status under the instant lease agreement with the lessor and the lessee, and on the same day, obtained F consent to the sublease agreement with respect to the leased object.

On August 28, 2012, the Plaintiff entered into a sublease contract with J on August 28, 2012, under which K (hereinafter “instant sublease”) out of the leased objects of this case is set at KRW 180,00,00 and the period of sublease from September 27, 2012 to set the two years (hereinafter “instant sublease contract”).

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