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(영문) 의정부지방법원고양지원 2015.11.04 2015가단9823
공제금
Text

1. The Defendant’s KRW 19,80,000 and the Plaintiff’s annual rate of KRW 5% from June 28, 2015 to November 4, 2015.

Reasons

1. Basic facts

A. On October 29, 2008, Pakistan B block 601, 1103 (hereinafter “instant apartment”) is a rental house under the Rental Housing Act leased by the Korea National Housing Corporation (current Korea Land and Housing Corporation) with a deposit of KRW 64 million and monthly rent of KRW 360,000.

B. On November 5, 2011, in the “E Licensed Real Estate Agent Office” operated by D, the Plaintiff entered into a sales contract under the name of H, a spouse, with G that takes over the right to lease of the instant apartment in KRW 97 million (the above lease deposit KRW 64 million (the above lease deposit KRW 33 million) between G that takes place as a broker of F working in the said brokerage office and G that takes over the right to lease of the instant apartment.

C. The Plaintiff paid KRW 43,347,020 out of the above purchase price to F and G, and paid the remainder of KRW 53,652,980 (= KRW 97 million-43,347,020) to F and G, and paid the remainder of KRW 53,652,980 in the manner of repaying the obligation under the name of C with respect to the apartment of this case

On or around December 16, 2011, the Plaintiff occupied the apartment of this case.

The Plaintiff demanded F and G to change the name of the tenant of the instant apartment over several occasions, and was issued by F and G to the Plaintiff a letter of commitment stating that “I, on December 28, 2012, receive KRW 33 million from the buyer of the instant apartment as a sale case with the lessee C, and, on December 16, 2011, I promised to pay the buyer the said amount (33 million won) to the Plaintiff without any justifiable reason if C breached the terms and conditions of the contract with the buyer.”

Since then, the change in the name of the tenant was not made, the plaintiff filed a complaint against F and G on January 27, 2013.

E. The Korea Land and Housing Corporation has terminated the lease contract on the apartment of this case on the ground that C transferred the right to lease of the apartment of this case where transfer is prohibited under the Rental Housing Act, and demanded to deliver the apartment of this case.

The plaintiff on August 22, 2013.

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