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(영문) 수원지방법원 2017.07.05 2017가단6296
손해배상(기)
Text

1. The Plaintiff, (1) Defendant C is KRW 93,946,00 and the interest rate of KRW 15% per annum from March 14, 2017 to the date of full payment.

Reasons

1. Evidence 1 through 5, Eul 1 through Eul 5, fact-finding results and the purport of all pleadings of the Korea Land and Housing Corporation;

A. Defendant C became aware of Defendant B through his mother D.

Defendant B runs the real estate brokerage business in the name of “F real estate” in Suwon-si E apartment 1519, 101, Suwon-si, Suwon-si.

B. In around 2012, Defendant C purchased a public rental apartment (a apartment sold to the lessee when five years have elapsed from the date of the initial lease) from the Korea Land and Housing Corporation and paid the lease deposit to the Korea Land and Housing Corporation after obtaining a loan of KRW 608 million from the Korea Land and Housing Corporation (hereinafter “instant apartment”), which is an exclusive rental apartment (a apartment sold to the lessee when five years have elapsed from the date of the initial lease), from the Korea Land and Housing Corporation. The above lease deposit claim was transferred to the Korea Land and Housing Corporation.

C. Defendant C delegated Defendant C with the sale of the right to lease of the instant apartment.

1) Defendant B, who is the Plaintiff, owned the right of lease of the instant apartment and intended to transfer it to another person. As such, Defendant C, who is the Plaintiff through the Korea Land and Housing Corporation, recommended the acquisition of the right of lease that was subsequently leased after being transferred through the Korea Land and Housing Corporation. (2) On September 18, 2015, the Plaintiff entered into a sales contract with Defendant B, who was represented by Defendant C, to determine the purchase price of the instant apartment with KRW 129,648,00 (a deposit with KRW 79,648,00 and KRW 50 million) as to the right of lease of the instant apartment and to acquire it from Defendant C (hereinafter “instant lease transfer contract”), and paid KRW 10 million on the date of the contract, intermediate payment,648,00 as KRW 79,648,00 on November 15, 2015, which is the scheduled date of occupancy, to pay the remainder of KRW 40 million upon completion of approval.

In addition, 408,720 won per month shall be borne by the plaintiff and the defendant C until the approval is completed, and if the approval shall not be granted, the part of the premium shall be restored to its original state.

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