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(영문) 청주지방법원충주지원 2020.12.23 2020가단22486
손해배상(기)
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

Basic Facts

A. On April 18, 2017, the Plaintiff operated by Defendant B, a licensed real estate agent, and entered into a lease agreement with Nonparty J on the register of Hoju-si H apartment and I (hereinafter “instant apartment”) located in the G Licensed Real Estate Agent Office located in Chungcheongnam-si, Chungcheongnam-si, where Defendant C works as a brokerage assistant, with the owner on the register of Chungcheong-si H apartment and I (hereinafter “instant apartment”). The lease contract was concluded between May 4, 2017 and May 3, 2019 with the deposit amount of KRW 220,000,000,000 as the down payment on April 18, 2017, and the Plaintiff paid to J each of the above lease contracts with KRW 10,00,000,000 as the down payment on April 24, 2017, and KRW 120,000,00,000 on May 28, 2017.

B. On May 23, 2017, J completed the registration of transfer of ownership with respect to the instant apartment on the ground of sale and purchase to E, and the Plaintiff changed the name of the lessor in the said G Licensed Real Estate Agent Office to E in accordance with the said G Licensed Real Estate Agent Contract and the remainder with the same content and succeeded to E in all the rights and obligations under the existing Jeonse Contract with the same content, but the date of the contract is retroactive to April 18, 2017 (hereinafter “instant Jeonse Contract”).

C. On May 23, 2017, the Plaintiff paid E totaling KRW 70,00,000 (= KRW 10,000,000,000) including KRW 12,000,000 on June 2, 2017, and KRW 12,000,000 on June 28, 2017, and KRW 70,840,000 (= KRW 55,160,000, KRW 4,840,000) under the instant lease contract, thereby making payment to E., totaling KRW 220,00,00,000 (= KRW 10,000,000,000) under the instant lease contract.

On the other hand, Nonparty K filed a lawsuit against J on the ground that K is the owner of the instant apartment and sought the cancellation registration, etc. of the ownership transfer registration in the name of J concerning the instant apartment (Cheongju District Court Decision 2015Kadan22482, hereinafter “related civil lawsuit”). On March 9, 2017, the said court concluded a contract between K and J with respect to the instant apartment on the ground that K entered into the said apartment with the capacity to perform its duties.

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