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(영문) 창원지방법원 통영지원 2018.10.30 2017가단25269
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On September 8, 2013, Defendant A received a request from the Plaintiff’s employee B for the brokerage of housing to be used as the accommodation of the Plaintiff’s employees, and introduced Category C and 104, 201, 202, and 301 (hereinafter “104 and 104 and 104 houses”) on the ground E-owned and two lots. On October 8, 2013, the Plaintiff and C entered into a lease agreement with Defendant A for each of 104 houses.

B. Since the Plaintiff was a juristic person not eligible for the Housing Lease Protection Act, the Plaintiff and C agreed to make a registration of the establishment of a right to lease on 104 housing units, and the Plaintiff and C agreed to make a registration of the establishment of a right to lease on 104 housing units, and the establishment of a right to lease on 104 housing units had been completed with the establishment of a right to lease on 16.6 million won, the Plaintiff and C agreed to pay the amount equivalent to the maximum debt amount of each right to lease on 104 housing units at the same time as the cancellation of the right to lease, and the procedure should be carried out through a certified judicial scrivener appointed by the Plaintiff. Accordingly, the Defendant A agreed to make the registration of the establishment of a right to lease on 1. lessee

3. The maximum debt amount of KRW 106,60,00,000, which is not the right holder per contract, was delegated by a certified judicial scrivener in charge of the creation of chonsegwon to repay and cancel it, and the lessee shall directly transfer the remainder to the account of the certified judicial scrivener in charge, and the certified judicial scrivener in charge shall deliver the cancellation receipt to the licensed judicial scrivener (the cost of cancellation shall be borne by the lessor).

C. After entering into each lease contract for 104 housing units, the Plaintiff paid each lease deposit to C, and through a certified judicial scrivener delegated by the Plaintiff, the Plaintiff cancelled each registration of establishment of a lease on a deposit basis in the name of the Plaintiff, and completed each registration of establishment of a lease on a deposit basis in the name of the Plaintiff.

B around February 2014, Defendant A is the Plaintiff’s employee.

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