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(영문) 서울중앙지방법원 2016.12.14 2016가단5067024
손해배상(기)
Text

1. The Defendant: (a) KRW 4,800,000 to Plaintiff A, as well as 5% per annum from April 8, 2016 to December 14, 2016, respectively.

Reasons

1. Facts of recognition;

A. On July 1, 2013, G filed a registration of preservation of ownership with respect to three-story housing located in Cheongbuk-gun, Cheongbuk-gun (hereinafter “instant building”), and on the same day, G completed a registration of creation of a mortgage over the maximum debt amount of KRW 442,00,000 (hereinafter “instant collateral security”).

B. After that, G entered into a lease agreement with the Plaintiffs as follows:

1) On July 20, 2013, Plaintiff A entered into a lease agreement (hereinafter “instant first lease agreement”) with respect to the instant building 104 as a broker of Defendant F Intervenor F, setting the lease deposit of KRW 30 million and the lease term from August 27, 2013 to August 26, 2015 (hereinafter “instant lease agreement”).

(2) According to the (a) specifications for confirmation of the object of brokerage attached to the instant first lease contract, the term “the maximum debt amount is KRW 442,00,000” and “the amount of actual claims is KRW 340,000,000,000,000,000” are indicated in the title relationship column. As a result, Plaintiff A completed a move-in report on August 20, 2013, and obtained a fixed date; 2) on July 4, 2013, Plaintiff B entered into a lease agreement with the broker of Defendant A for the instant building 203 as to July 4, 2013, by setting the lease deposit amount of KRW 45,00,000,000 and the term of lease from June 25, 2013 to June 24, 2015.

(2) Article 2(1) of the former Act provides that “The scope of “the amount of claim shall not exceed 340,000,000 won,” “the amount of claim shall not exceed 340,000,000 won,” “the amount of claim shall not exceed 442,00,000 won,” “the amount of claim shall not exceed 340,000,000,000 won,” and “the amount of claim shall not exceed the amount of actual claim.”

The Plaintiff B shall complete a move-in report on July 9, 2013, and received a fixed date on July 11, 2013.

The plaintiff B applied for the order of lease on August 27, 2015 after the term of lease expires.

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