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(영문) 수원지방법원 2019.06.20 2018나83482
부당이득금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. On December 16, 2013, C, which runs the authorized brokerage business under the trade name of “H,” entered into a sub-lease contract with the Korea Land and Housing Corporation (hereinafter “LH Corporation”) and received from the Plaintiff as the account in the name of Defendant D, a sub-lease deposit amounting to KRW 90 million from the Plaintiff on December 16, 2013.

B. Around February 2015, C filed an application for lease with respect to the F apartment in Suwon-si, Suwon-si, a public rental housing leased from LH Corporation under the name of Defendant B, and concluded a lease contract with regard to the F apartment G (hereinafter “instant apartment”) of LH Corporation and the Suwon-si, Suwon-si, Suwon-si, a public rental housing unit (hereinafter “instant apartment”) by setting the lease deposit amount of KRW 89,080,00 (the amount increased to KRW 93,44,00 on December 93, 2016), monthly rent of KRW 472,720.

C. On April 11, 2015, the Plaintiff concluded a real estate sales contract with the Defendant B and the buyer as the Plaintiff, with the sales price of KRW 160,080,000, and the seller as to the instant apartment.

[The title of the contract entered into by the Plaintiff is a real estate sales contract (No. 3-1). However, the substantial content thereof is an agreement that the Plaintiff would complete the registration of ownership transfer in the future of the Plaintiff, if the second apartment of this case is converted to sale in lots to Defendant B while the Plaintiff resided in the second apartment of this case after acquiring the right of lease and taking over the right of lease.

The following are stated in the special terms and conditions of the sales contract of this case.

The above house gives the right of a contract transferor at the time of the conversion of sale to the LH Corporation without obtaining a sublease consent, but the contract transferor at the same time becomes aware by both parties.

The transferor shall cooperate in maintaining the contract until the conversion of sale.

(e) C.

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