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(영문) 수원지방법원안산지원 2019.11.22 2018가단59222
손해배상(기)
Text

1. The Plaintiff:

A. Defendant C and D jointly share KRW 30,014,752, and Defendant C with respect thereto from July 3, 2018.

Reasons

1. Basic facts

A. On April 22, 2015, Defendant B sold at KRW 640,00,000 for multi-family houses based on the JJ (hereinafter “instant building”) to Defendant C by means of the brokerage of Licensed Real Estate Agent H and I on April 22, 2015.

(hereinafter “instant sales contract”: Provided, That Defendant D was the actual purchaser of the instant building, which borrowed the name from Defendant C, and Defendant B and D paid part of the purchase price as the down payment, and the obligation to return the lease deposit concluded on the instant building is acquired by Defendant C, and the remainder was changed to N after completion of the registration of aggregate building after the Kho Lake (hereinafter “instant house”) residing by Defendant B at the time of the said building.

The lease contract was concluded and the remainder of the lease deposit was agreed to be paid after two days from the date of receipt of the remainder.

B. On April 27, 2015, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant B and the instant housing as a licensed real estate agent H and L broker, setting the lease deposit of KRW 100,000,000, and the lease period from May 30, 2015 to July 29, 2015.

C. The Plaintiff paid Defendant B the down payment of KRW 5,00,000 on the day of the contract, and obtained the fixed date in the instant lease agreement on May 12, 2015.

Around May 29, 2015, the Plaintiff paid Defendant B the remainder of the lease deposit amount of KRW 95,000,000,000 to Defendant B, and received subparagraph B from Defendant B, and completed the move-in report on resident registration on June 1, 2015, which was subsequent to the mold.

E. Defendant B and D paid 100,000,000 won as the intermediate payment of the instant sales contract in lieu of the lease deposit received from the Plaintiff, and Defendant D paid the remainder of the money calculated by deducting the remainder claim for return of the lease deposit of the instant building from the sales amount unpaid on June 1, 2015 as the remainder of the sales amount, and the registration of ownership transfer was completed in the name of Defendant C as to the instant building on the same day.

F. Meanwhile, the building of this case.

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