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(영문) 수원지방법원 2015.05.14 2014가단53840
손해배상청구
Text

1. The Defendant: KRW 48,018,110 for the Plaintiff and 5% per annum from October 2, 2014 to May 14, 2015.

Reasons

1. Basic facts

A. The Plaintiff entered into a lease agreement is a reconstruction maintenance project association established on October 1, 2009 to promote a housing redevelopment project of the wife population C in the light of acceptable-si, and the Defendant was the head of the Plaintiff’s association until November 29, 2013, and operated a real estate brokerage business under the trade name of E-real estate brokerage office from the wife population D in the light of acceptable-si, the wife population D.

On March 10, 2010, the Plaintiff concluded a lease contract with a third party and with respect to approximately 42 square meters of the second floor office and the second floor room 8 square meters (hereinafter “instant office”) on the instant building (hereinafter “instant lease contract”) and with a deposit amount of KRW 200 million from April 10, 2010 to April 10, 2014 (hereinafter “instant lease contract”). On April 8, 2010, the Plaintiff registered the establishment of chonsegwon in the name of the Plaintiff (hereinafter “instant lease”).

On the other hand, the Defendant was the president of the Plaintiff’s partnership at the time of concluding the instant lease agreement, and mediated the instant lease agreement as a broker.

B. The purpose of the instant building and the register of rights-based relationships are written as Class II neighborhood living facilities and detached houses, and the use of the 1,2, and 3th floor on the building ledger is written as general restaurants, beauty parlors, reading rooms, etc., and the use of the 4,5th floor is written as multi-family houses.

At the time of conclusion of the instant lease agreement, the copy of the register of the instant building: (a) the establishment registration of a neighboring mortgage (the site of the instant building is also set up as a joint collateral) of the Bank Co., Ltd. (hereinafter “Korea Bank”); (b) the registration of the establishment of a right to lease on a deposit basis in the name of H KRW 40 million; and (c) the registration of the establishment of a right to lease on a deposit basis in the name of 40 million Won, respectively, was completed.

In addition, at the time of the instant lease agreement, the J (No. 5 million won as deposit, No. 405) and K on June 18, 2008, with the priority order of lessees of the instant building, other than the above person having chonsegwon at the time of the instant lease agreement, as well as the lessee of the instant building.

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