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(영문) 의정부지방법원고양지원 2017.07.13 2016가단84029
손해배상(기)
Text

1. Defendant B’s KRW 117,608,00 and interest rate of KRW 15% per annum from October 28, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On October 5, 2011, Defendant B entered into a two-year lease agreement with the Korea Land and Housing Corporation on D apartment 712 Dong 2004 (hereinafter “instant apartment”), which is a public construction apartment sold by the Korea Land and Housing Corporation (hereinafter “instant apartment”), with respect to the rental deposit, KRW 71 million, monthly rent of KRW 410,000, and the lease period of KRW 410,000,000, monthly rent of KRW 21, 201.

B. On September 28, 201, prior to the conclusion of the above lease agreement, Defendant B transferred the right of lease concerning the instant apartment to the Plaintiff as a broker of the lease hub E, which is a transfer of the right of lease concerning the instant apartment to be acquired in the future (hereinafter “the instant right of lease”). At the time, Defendant B agreed to cooperate with the Plaintiff in the procedure for changing the ownership of the right of lease by issuing a sales contract, a transfer note, etc.

C. According to the acquisition of the instant right of lease, the Plaintiff paid the lease deposit (a total of KRW 71 million and KRW 3,408,000,000, including the maximum amount of KRW 71 million and KRW 3,408,000 on December 27, 2013) to Defendant B to the Korea Land and Housing Corporation, and disbursed KRW 117,608,000 in total to E, including payment of KRW 36 million for the transfer of the right of lease and payment of KRW 4 million for the title succession expenses.

On or around December 21, 2011, the Plaintiff occupied and resided in the instant apartment, and thereafter, Defendant B did not request the renewal of the lease term, and it was discovered that it was without permission. For this reason, the name of the building that was raised by the Korea Land and Housing Corporation (Seoul District Court Decision 2015Da72982) was removed from the instant apartment around May 2015, pursuant to the favorable judgment of the lawsuit (Seoul District Court High Court High Court Decision 2015No72982).

E. Meanwhile, Defendant C operates the “G Licensed Real Estate Agent Office” (hereinafter “instant office”) in Goyang-si, Goyang-si, as real estate brokers. When Defendant C and Defendant C cause property damage to a transaction party by intention or negligence, Defendant C and Defendant C compensate for such damage within the scope of subscription amount.

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