(영문) 수원지방법원 2017.12.21 2016가단26521

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(영문) 수원지방법원 2017.12.21 2016가단26521

부당이득금반환등

Text

1. The Defendant’s KRW 50,000,000 as well as the annual rate of KRW 5% from June 1, 2014 to July 6, 2016, and the next day.

Reasons

1. Basic facts

A. C concluded a lease contract with the Korea Land and Housing Corporation at KRW 106,00,000 on the instant apartment with respect to the instant apartment on November 15, 201, which is a public rental housing unit (hereinafter “instant apartment”).

The above public rental housing can be converted to the tenant first if the tenant resides for a certain period of time, but the transfer of the right of lease is prohibited in principle in accordance with the relevant statutes.

(The relevant Acts and subordinate statutes are as shown in the attached Form).

C, while transferring the right to lease of the instant apartment to the assignee in his name, C prepared and delivered to the assignee all the documents related to the sale necessary for the change of the right to lease of the instant apartment, and all the documents necessary for securing the right, such as a blank delegation letter, a performance memorandum, etc.

F is the Plaintiff’s mother.

F was introduced by the Defendant, a brokerage assistant of the G Licensed Real Estate Agent Office, from H on February 2014, as the broker assistant of another licensed real estate agent office, and was assigned with the right to lease of the instant apartment as KRW 156,000,000 ( KRW 50,000,000,000,000) around the lease deposit.

(2) The term “the instant lease transfer contract” and “the transferor” are “C, the agent, the Defendant, and the buyer” and “F,” respectively. The F prepared a lease transfer contract under the name of the Defendant, which entered as of February 28, 201, with respect to the instant apartment as of February 28, 201, with the Defendant and “C” and “C, the seller, the Defendant, and the buyer,” and was issued a letter of performance under the name of C, with respect to the instant apartment.

The special terms and conditions of the above lease transfer contract are "1. This article is a sales contract in a state that acknowledges that it is a public rental apartment for ten years.

2. The purchase price is the amount including the deposit for payment (public) and the buyer shall be at the time of occupancy.

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