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(영문) 서울서부지방법원 2015.10.30 2015나30446
임대차보증금 반환 등
Text

1. Of the judgment of the first instance, the parts against Defendant D, B, and the Korean Licensed Real Estate Agent Association shall be modified as follows:

2...

Reasons

1. Facts of recognition;

A. Defendant B and C are co-owners of the Mapo-gu Seoul Metropolitan Government F Ground Building (hereinafter “instant real estate”).

B. Defendant E is a licensed real estate agent of “G” located in Mapo-gu Seoul Metropolitan Government I, Defendant D is a brokerage assistant, and Defendant Korea Licensed Real Estate Agent Association (hereinafter “Defendant Association”) is a mutual aid business entity which has entered into a mutual aid agreement with Defendant E.

C. Around March 2013, Defendant B consulted with Defendant D on the terms and conditions of the instant real estate construction and lease by means of a plan to extend the instant real estate and alter its use (from a house to a commercial building), and the Plaintiff subsequently offered a proposal from Defendant D to allow Defendant D to rent KRW 35,000,000 for the instant real estate first floor at KRW 35,000,000,000 for the premium, and then remitted Defendant D as part of the premium, respectively.

On April 13, 2013, Defendant B prepared “Agreement and Exclusive Agreement” with Defendant D regarding the remodeling construction and lease of the instant real estate as follows:

(hereinafter referred to as the “instant agency contract”) . 1. A (referring to Defendant B; hereinafter the same shall apply) takes responsibility for the name of the lessee of the instant real estate and cooperates with the documents concerning remodeling (large-scale repair)/lease.

2. B (Defendant D; hereinafter the same shall apply) will bear the costs incurred in relation to the second floor and new construction, the first floor and the second floor in remodeling (large-scale repair)/rental (large-scale repair)/rental of the real estate in this case and will act as an agent for the long-term lease.

◎ 대수선(반지층과 1층, 2층 전부) ◎ 신축(약 7평) 내용: 내부철거, H빔, 폐기물, 장비투입, 인건비, 나무철거, 담 철거, 마당 1차2차 철거, 미장, 정화조 100인조, 상하수도, 가스, 전기, 설계비 기타 등등 3, 4층 신축 정화조 배관/수도 입상 지원

3. The construction period of remodeling of the real estate in question is completed from May 3, 2013 to September 2, 2013 and completion is scheduled until September 10, 2013 due to administrative problems;

4.B.

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