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(영문) 수원지방법원 2018.02.07 2016가단523039
손해배상(기)
Text

1. Defendant C: (a) KRW 40,650,000 for the Plaintiff and KRW 5% per annum from July 22, 2014 to February 7, 2018.

Reasons

1. Facts of recognition;

A. On November 14, 201, Defendant D entered into a lease agreement with the Korea Land and Housing Corporation (hereinafter “instant lease agreement”) with respect to the lease deposit amount of KRW 1.6 million, monthly rent of KRW 700,000,000,000, and the scheduled date of occupancy as of November 1, 2013 with respect to the lease deposit amount of KRW 1.6 million, monthly rent of KRW 700,000,000, which is being constructed as a rental house under the former Rental Housing Act (amended by Act No. 13747, Aug. 11, 2015; hereinafter “former Rental Housing Act”).

B. G, a real estate brokerage assistant, upon receiving a request from H to inquire of the same things as the right of lease of this case, G, a down payment of KRW 20,1200,000,000,000,000,000,000,000 won, which was paid by Defendant D, was transferred to Defendant D, and the documents for securing the right necessary for the transfer of the right of this case (the sales contract, power of attorney, letter of delegation, statement of waiver of right, statement of waiver of right, certificate of transaction, certificate of receipt, certificate of transaction, certificate of real estate transaction, report of real estate transaction) were issued. In order to facilitate the resale of the right of lease, Defendant D signed and sealed on the seller column of documents for securing the right of this case, and both columns were blank.

C. After doing so, G transferred the instant right of lease in KRW 59.2 million to H, and then delivered documents for securing rights.

H had taken over the instant right of lease, but it was difficult to move into the instant apartment because the remainder of the intermediate payment and the remainder were not paid, and around February 2014, G sold the instant right of lease to a third party. The documents for securing rights were kept by H until the buyer received the transfer price.

E. On March 2014, G transferred the instant right of lease to I in KRW 66.2 million.

F. The Plaintiff J, on behalf of the Plaintiff, is between the Plaintiff and I as a broker of Defendant C, around June 2014.

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