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(영문) 수원지방법원성남지원 2015.05.13 2013가합6083
손해배상(기)
Text

1. The Plaintiff:

A. As regards Defendant B’s KRW 200,711,00 and KRW 110,711,00 among them, Defendant B shall be from August 13, 2011 to 90,000.

Reasons

1. Basic facts

A. On May 19, 2006, Defendant B leased KRW 179,711,000, Jinwon-si E 603 Dong-dong 1801 (hereinafter “instant apartment”) as a rental house under the Rental Housing Act, which is a rental house sold by Jinwon-si Co., Ltd. (hereinafter “Jinwon-si”).

On August 31, 2009, Defendant B borrowed KRW 140 million from the Sang-dong Saemaul Depository, and as security, transferred KRW 140 million out of the lease deposit claim for Jinwon C&C to the Sang-dong Saemaul Depository, and notified Jinwon of the transfer of the credit to Jinwon at that time.

B. On June 29, 2011, the Plaintiff entered into a lease contract with Defendant D, a real estate brokerage assistant affiliated with Defendant C, a licensed real estate agent, with the content that the Plaintiff would acquire the right to lease of the instant apartment (hereinafter “the right to lease of this case”) from Defendant B (hereinafter “the right to lease of this case”), and that the Plaintiff would acquire the right to lease of the instant apartment from Defendant B as KRW 269,71,00,00. The main content is as follows.

The lease sales contract was drafted on August 13, 201.

Article 1 The Plaintiff shall pay the purchase price as follows:

The purchase price of KRW 269,711,000 as the down payment of KRW 35 million is the obligation to return the sub-lease deposit from Defendant B to F who borrowed the apartment of this case from Defendant B at the time of the contract.

85,711,00 won remaining after the Plaintiff succeeded to the loan (the maximum debt amount shall be KRW 82,800,000,000) shall be paid on August 13, 201.

Article 2 The delivery date of the instant apartment shall be August 13, 201.

Article 3 If any rights, taxes, public charges, or other charges are unpaid, Defendant B shall remove any defects, burdens, etc. of such rights and transfer full ownership by not later than the date on which the balance is received.

except as otherwise agreed.

[Matters of Special Agreement]

1. The Plaintiff and Defendant B came to be a public lease.

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