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(영문) 서울중앙지방법원 2016.01.20 2015가합522199
손해배상(기)
Text

1. Defendant B’s KRW 258,421,611 as well as the Plaintiff’s annual amount of KRW 5% from September 25, 2012 to April 8, 2015, and April 2015.

Reasons

. Facts of recognition.

A. On September 2012, the Plaintiff was introduced the first floor No. 101 (hereinafter “instant building 101”) from among the F Ground Buildings E operated by Defendant C (hereinafter “instant building”) from the brokerage assistant of the D Licensed Real Estate Agent Office’s Office, Jung-gu, Seoul (hereinafter “instant building”).

B. On April 5, 2012, the building 101 was owned by Defendant B, and on April 5, 2012, the registration of the establishment of a neighboring mortgage (hereinafter “mortgage-mortgage-mortgage”) was completed by the Seoul Central District Court’s registry office, which was “Neuri Saemaul Bank Depository and the maximum debt amount of KRW 562,80,000,” under Article 17287.

C. On September 25, 2012, at the G Licensed Real Estate Agent Office, the Plaintiff concluded a lease agreement with Defendant B on the following terms regarding Defendant B and the instant building 101:

(hereinafter referred to as “instant lease agreement”). * Indication of real estate: 101 of the instant building; KRW 470,000 (hereinafter referred to as KRW 470,000) - KRW 30,000 shall be paid and received at the time of the contract, - an intermediate payment of KRW 10,000 shall be paid until October 9, 2012.

- The remainder of this million won shall be paid up to November 30, 2012.

* Duration: From November 30, 2012 to November 29, 2014 * Matters of special agreement

2. The right to collateral security of this case shall be registered for reduction (the actual amount shall be KRW 250,000,000) at the same time as the balance date, and the right to collateral security of this case shall be re-registered with the actual amount of KRW 150,000,000 within three months thereafter.

At the time of the instant lease agreement, the instant building has a total of four floors, and each floor was owned by others, but Defendant B concluded that all of the instant building was owned by the Plaintiff, and Defendant B made a false statement to the effect that it lent the registration of ownership transfer to a third party due to the lack of financial standing.

E. The Plaintiff paid the Defendant B the down payment of KRW 30 million on the day of the instant lease agreement, and paid the intermediate payment at the end of October 2012, and received the delivery of the instant building 101 from Defendant B on November 30, 2012.

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