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(영문) 수원지방법원 2017.07.06 2016가단802275
손해배상(기)
Text

1. The Defendant’s KRW 96,00,000 as well as the Plaintiff’s annual rate of KRW 5% from December 21, 2016 to July 6, 2017.

Reasons

1. Basic facts

A. On November 18, 2011, the Defendant entered into a lease agreement with the Korea Land and Housing Corporation, which is a rental apartment sold by the Korea Land and Housing Corporation (hereinafter “instant apartment”), with respect to the lease deposit amount of KRW 96 million, monthly rent of KRW 700,000,000, and the scheduled date of occupancy of the leased apartment (hereinafter “instant apartment”).

B. The Defendant transferred the right to lease of the instant apartment to D before entering into the said lease agreement, and the Plaintiff received the right to lease from D around October 15, 201.

Accordingly, the Plaintiff actually paid the lease deposit (the sum of the first down payment of KRW 19.2 million, the intermediate payment and the remainder of KRW 76.8 million) that the Defendant is obligated to pay to the Korea Land and Housing Corporation.

In addition, the Plaintiff paid D KRW 24 million to D as a premium for the transfer of the above right of lease.

C. The Defendant, while transferring the right of lease, prepared a written statement as follows.

(1) A person shall maintain homelesss by the time of occupancy and transfer of ownership.

(2) The move-in report shall be made at the end of each month.

(3) actively cooperate in the procedure for relocating names.

(4) Where an intermediate payment and a balance are necessary, loans shall be made periodically.

5. If the contract is terminated due to the seller’s fault, I will compensate for the market price.

(6) No money, valuables, etc. shall be demanded for any reason at the time of occupancy and transfer of name.

(7) Expenses incurred in preparing documents for transfer of name shall be borne by the purchaser.

(8) Details of the transfer of ownership to a third party designated by the purchaser (9) The current rental of a third party shall be made to waive the occupancy at the same time as the occupancy at EP 401, 2402, EAP 401.

D. However, on March 17, 2015, before the ownership transfer of the instant apartment, the Defendant filed an application with the Korea Land and Housing Corporation for the termination of the said lease agreement, and accordingly, on April 3, 2015.

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