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(영문) 대전지방법원 2016.07.21 2015가단206499
손해배상(기)
Text

1. Defendant C’s KRW 24,600,000 as well as 20% per annum from May 8, 2015 to September 30, 2015.

Reasons

1. Basic facts

A. On April 13, 2012, Special Self-Governing City, Special Self-Governing City D Apartment 1314, 1601 (hereinafter “instant apartment”), E entered into a lease agreement with F on KRW 87,750,000 with respect to the instant apartment.

B. The apartment house of this case is a publicly constructed rental house falling under Article 2-2 of the former Rental Housing Act, and in principle, the lessee may not transfer the right of lease to another person or sublet the rental house to another person.

C. Between G around November 29, 2014, F determined the premium of KRW 19,00,000 in relation to the transfer of the right to lease of the instant apartment, and F entered into a lease agreement with G to transfer the right to lease to one person designated by G (Defendant C) on November 29, 2014, the remainder shall be paid on November 29, 2014, and the remainder shall be paid on January 7, 2015.

Around December 8, 2014, Defendant B, who operates the “I Licensed Real Estate Agent Office” (hereinafter “instant brokerage office”), H apartment building No. 106, Sejong Special Self-Governing City, entered into an agreement with Defendant C to prevent transfer of the right to lease of the instant apartment if Defendant C pays the Plaintiff KRW 23,000,000 as to the right to lease of the instant apartment that Defendant C acquired (hereinafter “instant agreement”), and the Plaintiff paid the Plaintiff KRW 1,00,000 to Defendant C on December 8, 2014, KRW 12,00,000,000 to Defendant C on December 9, 2014, and KRW 10,000,000 to Defendant C on December 14, 2014, and KRW 10,000,000 to Defendant C on the same day, and KRW 10,000,000 to each of the instant apartment.

E. When Defendant C, the assignee of the right to lease of the instant apartment, continued to perform a change in the name of the right to lease on February 4, 2015, the Plaintiff was issued a letter of performance (Evidence A6) that the Plaintiff shall pay the Plaintiff the contract termination amount of KRW 24,60,000 by February 6, 2015, to the Plaintiff by Defendant C and the Plaintiff by February 6, 2015.

F. Defendant Korea Licensed Real Estate Agent Association

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