임대차보증금
1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
1. Basic facts
A. On September 28, 2016, the Defendant completed the registration of ownership transfer due to sale on April 1, 2016, with respect to D buildings and E (hereinafter “instant real estate”).
B. On March 15, 2017, the Defendant drafted to C a power of attorney (hereinafter “instant power of attorney”) containing the following contents, and issued the Defendant’s certificate of personal seal impression.
The above mandators confirm the fact of the lease contract for the above goods, such as lease-related work, payment of rent for the guarantee period, receipt of deposit money and management, tenant color and selection, publicity, lease contract management, etc., and delegate the authority related to all of the lease-related matters and household inspection and visit to the KCAC.
C. On April 3, 2017, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with C Co., Ltd. and the instant real estate, which are the Defendant’s agent, by setting the lease deposit of KRW 70,000,000, monthly rent of KRW 50,000, and the lease period from April 22, 2017 to April 21, 2018.
The special agreement of the lease contract prepared at the time of the conclusion of the instant lease contract (hereinafter referred to as the “instant lease contract”) states that the liability for the refund of deposit shall be borne by the Dispute Resolution Co., Ltd.
The instant lease agreement was renewed, and the term of lease was extended to April 21, 2019.
On April 3, 2017, the Plaintiff remitted KRW 5,000,000 of the lease deposit to the deposit account of C Co., Ltd. entered in the instant lease agreement, and transferred the remainder of KRW 65,000,000 among the lease deposit around April 22, 2017.
E. Around April 22, 2017, the Plaintiff received the instant real estate. On April 20, 2019, the Plaintiff removed the instant real estate from the real estate and transferred the instant real estate.
[Ground of recognition] Facts without dispute, entry of Gap's evidence 1 to 5, 7 to 10, and the purport of the whole pleadings
2. Determination on the cause of the claim.