logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.09.22 2014가단5264654
손해배상(기)
Text

1. The Plaintiff, and Defendant B, Defendant C, D, E, and F, respectively, and each of the said money on April 30, 2015, respectively.

Reasons

1. Basic facts

A. G’s lease agreement between G and Hansil Co., Ltd. (hereinafter the non-party company) was derived from the lessee of Yongsan-gu Seoul Metropolitan Government H Apartment-gu, 109 Dong 301 (hereinafter the “the apartment of this case”), which sold as constructed rental housing pursuant to the Rental Housing Act, and entered into a lease agreement between the non-party company and the non-party company on February 27, 2009 with the deposit deposit of KRW 2,272,50,000, monthly rent of KRW 3,869,000.

(hereinafter referred to as the "Lease of this case")

G around that time, G entered into a contract for the transfer of the right of lease between the Plaintiff and the Plaintiff with the content of the transfer of the right of lease to a person designated by the Plaintiff (hereinafter “instant contract for the transfer of the right of lease”). On February 26, 2009, the Plaintiff paid KRW 30 million to G through Defendant D, his father.

【Plaintiff’s assertion that Defendant D is also a joint (joint) transferor of the instant lease transfer agreement, but it is not sufficient to accept the Plaintiff’s assertion on the following grounds: (a) the statement of evidence No. 5 and 6 and the witness I’s testimony alone; and (b) there is no other evidence.

Of the down payment (1) of the lease deposit of this case (20% of the lease deposit) 454,500,000 won, 227,250,000 won was paid in the name of each G on February 27, 2009, and the remaining down payment of KRW 227,250,000 was paid in the name of each G on April 27, 2009.

Sheban part payments (40% of rental deposit) 909,000,000 won was paid from bank loans in the name of G around March 2010.

The interest on the loan of the intermediate payment was withdrawn from April 2010 in the account in the name of G. D.

(i) On June 18, 2010, the Plaintiff transferred the instant right of lease to J, and received KRW 454,500,000 from J, and appropriated the instant right of lease to the previous down payment, and separately received KRW 220,00,000 at the premium expense.

west G is necessary to give the key to the apartment of this case to the J on March 28, 2011.

arrow