beta
Text
1. The defendant shall pay 5,00,000 won to the plaintiff and 15% per annum from January 23, 2019 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On January 1, 2014, C entered into a lease agreement with the Korea Land and Housing Corporation (hereinafter “Korea Land and Housing Corporation”) and Suwon-gu D Apartment E (hereinafter “instant apartment”) with respect to the lease deposit amount of KRW 1.6 million, monthly rent of KRW 734,300, and the term of lease from February 1, 2014 to January 31, 2016.
(hereinafter “the instant right of lease”). (b)
C without the consent of Nonparty 1, a rental business operator, transferred the right of lease of this case to an unqualified person, and thereafter, the Defendant, who acquired the right of lease of this case by transfer, transferred the right of lease of this case to the Plaintiff as a broker of F on April 13, 2014, in KRW 103,604,00.
C. From April 13, 2014 to June 2, 2014, the Plaintiff paid the full amount of the lease transfer price. The Defendant received KRW 55,00,000 out of the said payment.
On May 27, 2014, the Plaintiff occupied the instant apartment, and thereafter requested C, F, etc. to implement the procedure for title change, and C and F applied for title change to the Nonparty Corporation around June 15, 2015, but the Nonparty Corporation rejected the said application on the ground that the requirements for title change under the Rental Housing Act were not satisfied.
E. Since January 2016, the Plaintiff did not pay rent, etc. for the instant apartment from around January 2016, and C reported the transfer of the right to lease of this case to Nonparty Corporation without permission on February 23, 2016.
F. On June 16, 2016, the Nonparty Corporation notified C of the termination of the lease agreement due to illegal transfer of the right of lease. On May 19, 2017, the Plaintiff removed the apartment of this case from the apartment of this case.
G. On June 19, 2016, the Plaintiff filed a lawsuit seeking damages against F, etc. by Suwon District Court 2016Da523015 (hereinafter “relevant case”), and “F” as to the Plaintiff’s KRW 51,80,000 and KRW 49,302,00 among them, from May 10, 2014; and 2,500.