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(영문) 서울고등법원 2015.03.12 2014나30164
손해배상(기)
Text

1. Of the judgment of the court of first instance, KRW 22,934,400 against the Plaintiff and its related thereto from August 29, 2013 to March 12, 2015 against the Defendant.

Reasons

1. Basic facts

A. C entered into a lease agreement between the Korea Land and Housing Corporation (Korea National Housing Corporation at the time of the lease agreement) and the Korea Land and Housing Corporation (hereinafter “the instant apartment”) with a lessor and a lessee of the Korea Land and Housing Corporation (hereinafter “the instant apartment”).

B. C transferred the right to lease of the instant apartment to the Defendant on March 14, 2008. On July 14, 2008, the Defendant again transferred the right to lease of the instant apartment to the Plaintiff on July 14, 2008, and determined that the “sale price” as a licensed real estate agent E includes KRW 145,551,00 (the sale price includes KRW 38,551,000 paid to the lessor Korea Land and Housing Corporation; hereinafter the “instant contract”). The Plaintiff paid the Defendant the down payment KRW 10,00,000 on the day of the contract, and the remainder of KRW 135,51,000 on September 9, 2008 (the actual amount paid to the lessee of the instant apartment on September 135, 200, under the condition that the purchase price shall be returned to the lessee of the instant apartment, KRW 115,510,000).

C. The instant sales contract is stipulated as the special terms and conditions, stating that “ Both are a contract in the state of recognition that the two parties are a public rental apartment for five years, and is a contract in the present state of facilities.”

Upon receipt of the balance from the plaintiff, the defendant delivered to the plaintiff a certificate of waiver of rights, a certificate of promissory note amounting to KRW 200 million, and a standard lease contract (five-year public rental housing) between C and the Korea Land and Housing Corporation (five-year public rental housing), and the plaintiff paid rent for the apartment of this case to the Korea Land and Housing Corporation under the name

E. After that, C became missing, and around July 2009, C’s family members filed a missing report.

F. Meanwhile, the apartment house of this case was converted to the lessee from August 2010 after the five-year mandatory rental period elapsed, and the Korea Land and Housing Corporation, a rental business operator, is the contractor for the apartment of this case.

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