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(영문) 의정부지방법원고양지원 2015.06.24 2014가단63431
매매대금반환
Text

1. The Defendants jointly share KRW 40,740,00 with respect to the Plaintiff, and Defendant B from November 30, 2014 to Defendant C.

Reasons

1. Facts of recognition;

A. On June 30, 2011, Defendant B entered into a lease agreement with the Korea Land and Housing Corporation and the Korea Land and Housing Corporation for public constructed rental housing (hereinafter “instant apartment”) setting the deposit of KRW 71 million and monthly rent of KRW 410,000,000, and paid the down payment of KRW 14.2 million.

B. Article 19 of the Rental Housing Act provides that "a lessee of a rental house shall not transfer the right of lease (including all acts that cause alteration of the right, such as sale, donation, etc., but excluding inheritance) or sublet the rental house to any other person, but may not transfer or sublet the rental house in cases prescribed by Presidential Decree with the consent of the rental business operator." Thus, the right of lease of this case shall not be transferred or sublet.

C. Defendant B delegated the right to transfer the instant right of lease through F, who is the father, and Defendant C, a brokerage assistant of the G Licensed Real Estate Agent Office, was delegated the said right by obtaining delivery of the certificate of personal seal impression, a certified copy and abstract of resident registration, a standard lease contract, a payment receipt and a sales contract with the signature and seal of Defendant B, a special agreement, a performance note (Provided, That the authenticity of Defendant B is denied, and there are no other materials to acknowledge the authenticity).

Defendant C concluded the instant lease transfer contract (hereinafter “instant lease contract”) with the Plaintiff on January 18, 2012, without notifying the Plaintiff of the prohibition of the transfer or sub-lease of the instant right of lease, by stating that Defendant C would change the name of the instant right of lease in the future of the Plaintiff and would allow the Plaintiff to purchase the instant apartment.

E. According to the instant transfer contract, the Plaintiff transferred the transfer price of KRW 49 million on January 18, 2012 to Defendant C account, and KRW 7 million on September 27, 2012, respectively.

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