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(영문) 의정부지방법원 2018.02.22 2016가단126869
임대차보증금
Text

1. The Plaintiff:

A. Defendant B shall pay KRW 106,260,149 and the interest rate of KRW 15% per annum from March 4, 2017 to the date of full payment.

Reasons

Basic Facts

Since July 1, 2011, Defendant B, who was the party, newly built the two-story detached housing unit, which is a wooden house, in Seocheon-si D, Seocheon-si. Defendant C operated the F Licensed Real Estate Agent Office (hereinafter “F Real Estate”) located in Seocheon-si E as a practicing licensed real estate agent, and G was the brokerage assistant of Defendant C.

On November 17, 2011, the Plaintiff entered into a lease agreement between the Plaintiff and Defendant B, visited F real estate to build a new house, and G, which is a brokerage assistant, introduced the Plaintiff the detached house under the construction of Defendant B.

At the time, Defendant B was under construction of four detached houses on the D ground in Pocheon-si, and only a construction project to the extent that cement only was built on the housing floor.

Accordingly, on November 17, 201, the Plaintiff concluded a lease agreement with Defendant B to lease the leased house with the amount of KRW 120 million from Defendant B (hereinafter “instant lease agreement”) with Defendant B, under the brokerage of G on November 17, 201, while the Plaintiff stated that “No longer the completion of the building remains, and there is no accident, even if the Korea Licensed Real Estate Agent Association has entered into a certificate of deduction of KRW 100 million, and the Plaintiff would be responsible for the completion of the building, and the Plaintiff would be able to secure the right to preferential reimbursement for the lease deposit.” G issued a copy of the certificate of causes for deduction of the amount deducted to the Plaintiff.

After the instant lease agreement, the Plaintiff occupied the instant house around January 30, 2012, and around that time, paid the full amount of KRW 120 million to Defendant B.

However, Defendant C discontinued the F Real Estate on March 12, 2012, and Defendant B obtained approval for the use of the instant housing on March 21, 2012, and on the same day, Defendant C was the instant housing.

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