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(영문) 대전지방법원 2018.01.25 2017나113653
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim

1. The defendant's purport of the claim.

Reasons

Basic Facts

On February 20, 2012, the Plaintiff entered into a lease agreement with the Defendant, a licensed real estate agent, on February 20, 2012, with respect to “F” cartel (hereinafter “the instant cartel”) located in E as a broker of the Defendant, which is owned by C, between C’s husband D and the lease deposit of KRW 600,000,000 and the lease term of March 6, 2012 to March 5, 2014.

(hereinafter “instant lease agreement.” Before entering into the instant lease agreement, the Defendant entered the draft of the lease agreement in advance, and entered the lessor’s resident registration number C in the lessor’s agent column and contact number in the lessor’s agent column, respectively, and entered the terms “the owner of the register is a contract with C or her husband, which is a contract with C or her husband.”

D At the time of entering into the instant lease agreement, i.e., “C” and “D” respectively in the name column of the lessor’s agent.

In accordance with the instant lease agreement, the Plaintiff paid C KRW 60,000,000 on February 20, 2012, which was the date of the contract, as the down payment, among KRW 600,000,000,000, and thereafter, paid D the remainder of KRW 540,000,000.

At the time of concluding the instant lease agreement, the Plaintiff demanded the Defendant and D to complete the registration of establishing a right to lease on a deposit basis with respect to the instant Moel. Accordingly, on March 6, 2012, the Plaintiff completed the registration of establishing a right to lease on a deposit basis with respect to the instant Moel from March 6, 2012 to March 5, 2012, from March 6, 2012, and from March 6, 2012 to March 5, 2014.

On August 14, 2013, C entered into a sales contract with G to sell the instant cartel on condition that he/she succeeds to the instant lease agreement, including the termination of the instant lease agreement and the progress of the lawsuit claiming the return of deposit for lease deposit, and completed the registration of ownership transfer for the instant cartel on January 7, 2014.

The plaintiff on January 20, 2014.

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