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1. The Defendant’s KRW 38,51,000 and the Plaintiff’s annual rate of KRW 5% from August 29, 2013 to May 20, 2014.
Reasons
1. Basic facts
A. Nonparty C entered into a lease agreement with Nonparty Korea Land and Housing Corporation (the Korea Housing Corporation at the time of the lease agreement) on the 108-dong 803, Bupyeong-gu, Incheon (hereinafter “instant apartment”) with Nonparty Korea Land and Housing Corporation as a lessor and lessee.
B. C transferred the right to lease of the instant apartment to the Defendant on July 14, 2008. On the other hand, the Defendant again transferred the right to lease of the instant apartment to the Plaintiff on July 14, 2008, and the Defendant determined that the “sale price” as a brokerage of Nonparty E, a licensed real estate agent, includes KRW 145,51,00 (the sale price includes KRW 38,551,000 paid to the Korea Land and Housing Corporation, a rental business operator; hereinafter the “instant contract”). The Plaintiff paid the Defendant the down payment of KRW 10,00,000 on the day of the contract, and the remainder of KRW 135,51,00 on September 9, 200 (the deposit amount to be returned to the lessee of the instant apartment at that time) through E.
C. The instant sales contract is stipulated as the special terms and conditions, stating that “ Both are a contract in the state of recognition that the two parties are a public rental apartment for five years, and is a contract in the present state of facilities.”
Upon receipt of the remainder from the Plaintiff, the Defendant issued a promissory note of KRW 200,000,000, which was paid to the Plaintiff as security for performance by C, and a standard rental agreement with C and the Korea Land and Housing Corporation (five-year public rental housing), and thereafter, the Plaintiff has paid rent for the apartment of this case to the Korea Land and Housing Corporation under the name
E. After that, C became missing, and around July 2009, C’s family members filed a missing report.
F. Meanwhile, the apartment house of this case was converted for sale to the lessee from August 2010 after the five-year mandatory rental period elapsed, and the Korea Land and Housing Corporation, a rental business operator, was about the apartment of this case.