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(영문) 수원지방법원 2017.03.08 2016가단503134
손해배상(기)
Text

1. The Defendants amounting to KRW 30,000,000 for each of the Plaintiff and KRW 5% per annum from May 7, 2015 to March 8, 2017.

Reasons

1. The purport of each of the testimony and arguments of the witness E and F, 1-1, 2, 2-1, 8-2, 9, 10-1 through 7, 11, 12, 13, 14-1, 2, 15, 15, 15, 14-1, 14-1, 2, 15, 15, 2, and 3;

A. A. On November 7, 2003, G sales contract between G and the Seo-gu General Construction Co., Ltd. entered into a sales contract by setting the sales price of KRW 52,00,000 for the first floor of H building No. 101 (hereinafter referred to as “instant commercial building”) on the first floor, Seo-gu, Seo-gu, Seo-gu, Seoul, as well as the first floor No. 101 (hereinafter referred to as “instant commercial building”), and completed the registration of ownership transfer for the instant commercial building in its name on July 21, 2006.

B. 1) Lease Contract between G and Defendant B: (a) first leased the instant commercial building at KRW 2.5 million on behalf of G and Defendant B, while reducing the rent by KRW 1.2 million, the lease was terminated around July 2010; (b) around January 201, Defendant B left a public room. (c) around January 2012, Defendant B operated the instant commercial building with the trade name of “I”, “I” and the mother of G paid KRW 600,000 monthly rent to J.

C. 1) K is the mother of Defendant B. 2) K’s agent L (Defendant B’s husband) entered into a sales contract with G’s agent M on August 16, 2012, setting the sales price of KRW 250,000,000 for the instant commercial building, and completed the registration of ownership transfer in its name on September 10, 2012.

On the other hand, from the L’s account on September 7, 2012, KRW 25.66 million was transferred to F of the Nreal estate brokerage office staff, and KRW 100 million was deposited from the Defendant’s account under Defendant B’s name ( KRW 40 million on September 1, 2012, KRW 40 million, and KRW 40 million on September 7, 2012). From the L’s account on September 10, 2012, KRW 12 million was deposited in cash.

Defendant C and Defendant B entered into a lease agreement with the term of lease on November 15, 2013; and KRW 1.6 million per month. (2) Defendant C entered into a real estate agent’s office as a broker of “O Licensed Real Estate Agent’s Office” on January 7, 2014.

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