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(영문) 서울중앙지방법원 2020.05.13 2019가단5010852
구상금
Text

1. Defendant B and C jointly share KRW 242,00,000 for the Plaintiff and the Plaintiff’s objection thereto:

A. Defendant B is from November 24, 2018 to November 24, 2019.

Reasons

1. Facts of recognition;

A. Defendant C’s apartment purchase contract 1) Defendant C is the Seongbuk-gu Seoul F apartment G on April 23, 2016 (hereinafter “instant apartment”).

(2) As to the sales contract of H and the purchase price of KRW 308,000,000 (hereinafter “instant sales contract”).

(2) Defendant D mediated the instant sales contract as a licensed real estate agent.

B. Defendant B’s application for a loan of full-time loan and conclusion of a lease agreement, Defendant B, following the conclusion of the instant sales contract by Defendant C, Co., Ltd., Ltd. (hereinafter “I Bank”) on May 11, 2016 (hereinafter “I Bank”).

(B) On May 25, 2016, the Plaintiff filed an application for a lease loan with respect to a lease agreement with the instant apartment as the object of lease (hereinafter “instant loan”) on May 25, 2016, which is the date when the remainder payment was made under the instant sales contract (hereinafter “instant loan”).

(2) On May 16, 2016, Defendant B entered into a lease agreement with H on the instant apartment as KRW 275,000,000 (hereinafter “instant lease agreement”), which was after the date of the said loan application, and Defendant B paid KRW 20,000,000 out of the said deposit to H. The said deposit was written a receipt to the effect that H received the said payment.

3. On the other hand, the contents of the special agreement of the instant lease agreement include the following contents, and on the side of the contents that Defendant C participated in the instant lease agreement as a observer, his name and signature are written on his own pen.

This contract is concluded with the present owner, and the buyer's ownership is transferred on the outstanding date of the contract with the present owner, and the buyer succeeds to the status of the lessor of this contract.

A lessor is to cooperate with the lessee in obtaining a loan of the deposit money.

Visits : The purchaser's resident number J C address: K building in Dong-gu, Incheon Metropolitan City, and the purchaser of Lho Lake shall be a gold million won to the lessee at the expense of the Do.

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