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(영문) 의정부지방법원고양지원 2017.11.22 2016가단71641
손해배상(기)
Text

1. The Defendants jointly share KRW 77,318,014 with respect to the Plaintiff and the period from February 18, 2016 to November 22, 2017.

Reasons

1. Basic facts

A. Defendant B is a licensed real estate agent operating the F Licensed Real Estate Agent Office located in the D Building E at the time of strike, and Defendant C is a wife of Defendant B and a person working as a broker assistant at the F Licensed Real Estate Agent Office as Defendant B’s brokerage assistant.

B. Defendant C recommended the Plaintiff, who visited the “F Licensed Real Estate Agent Office” on June 2012, to purchase the right to lease G apartment H (hereinafter “instant apartment”) from the Plaintiff, who is a public rental apartment, from the Plaintiff, the lessee of the instant apartment. Since I is residing in the Sungnam city and the workplace is nearby the Sungnam city, it is possible to transfer the right to lease prescribed by the Rental Housing Act, so I may obtain consent on the transfer of the right to lease from the Korea Land and Housing Corporation within three months. Since it is possible to transfer the right to lease prescribed by the Rental Housing Act, Defendant C may obtain a sale at a low price of 70 to 80% of the current market price if maintaining the lease relationship with the instant apartment between five years and at a low price of 70 to 70% of the current market price (hereinafter “the instant right to lease”).

C. Accordingly, on June 25, 2012, the Plaintiff entered into a sales contract on the instant lease (hereinafter “instant sales contract”) with Defendant C who representeded by I, and the same year as the down payment on the date of entering into the contract, KRW 20 million as the down payment, KRW 25 million as the intermediate payment on July 2, 2012, and KRW 25 million as the intermediate payment.

8. 6. The balance was transferred to the Nonghyup Bank account opened in the name of Defendant C in the sum of KRW 18 million and KRW 63 million.

In addition, the Plaintiff paid KRW 10,625,425 as the sum of the interest on loans from financial institutions in order to raise the lease deposit, as shown in the attached table Nos. 4 through 17, 19 through 44, and 46, and paid KRW 6,85,00 in aggregate of the interest on the lease deposit for the lease contract for the apartment of this case as shown in the attached table Nos. 18 and 45.

E. However, at the time of the conclusion of the instant sales contract, I is in the apartment of this case.

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