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(영문) 서울중앙지방법원 2019.01.11 2017가단5000295
손해배상(기)
Text

1. Defendant D Association, and E jointly share 15 million won with Plaintiff A, Defendant D Association, E, and F jointly share 1.1.

Reasons

1. Basic facts

A. On June 26, 2001, H completed the registration of ownership transfer with respect to shares of 124/384 shares out of 132 square meters in Gyeyang-gu, Soyang-gu, Gyeonggi-gu, Gyeonggi-do, and JJ 384 square meters adjacent thereto.

(C) Each of the above lands was set up as follows: “I land,” “J land,” “I,” and “I land,” each of the instant lands at the time of the registration of the above transfer, and H set up a maximum amount of KRW 71,50,000,000,000,000,000 won, in the future of the K Bank with respect to the land as at the time of the registration of the above transfer; and H set up a collateral of KRW 22,100,000,000,000,0000,000 won

B. On June 2001, H obtained a building permit to construct a new building on four lots, including each of the instant land, with a size of 236 square meters, an underground floor with a building area of 135.9 square meters, and an apartment house with a scale of three floors above ground (hereinafter “instant building”), but did not obtain an approval for use on the ground that the building was constructed differently from the permitted contents. Since then obtained a approval for temporary use on around 2008, the said building remains in a state of non-registration.

C. On April 24, 2002, the Plaintiff C entered into a lease agreement with H on April 24, 2002 between the broker of Defendant G, a licensed real estate agent, with the lease deposit of KRW 30 million and the lease term of KRW 24 months from April 24, 2002.

(hereinafter “Plaintiff C Lease Contract”). On October 16, 2010, Plaintiff B concluded a lease agreement between N and N, a licensed real estate agent, with respect to No. 45 million won, and the term of lease from November 15, 2010 to November 14, 2012, with respect to No. 1 of the instant building, between N and N, a licensed real estate agent, on the brokerage of Defendant E and F.

(hereinafter “Plaintiff B lease contract”). The term “Plaintiff B lease agreement” is stipulated in a special agreement on the Plaintiff B lease agreement, and the lessee shall pay 100,000 won per month to the lessor for a period of five million won after one year, and the lessor shall register by the end of November.

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