임대차보증금반환 등
1. The part against Defendant A in the judgment of the first instance shall be revoked;
The plaintiff's claim against the defendant A is dismissed.
2...
1. Basic facts
A. The Plaintiff took out a loan from the government for housing support to a low-income group, concluded a lease contract with a housing owner, and subsequently leases the loan to a housing owner and takes part of the lease deposit. On April 2009, the Plaintiff delegated Defendant F, a certified judicial scrivener, with the affairs of registration of chonsegwon establishment and lease contract related to the implementation of the above lease deposit support project.
B. Defendant A and B are married, and the co-defendant C is Defendant A and B’s children, and Defendant D is the spouse of Defendant A and C.
(hereinafter referred to as “C”, “D” only).
C, D, and co-defendant E of the first instance trial (hereinafter referred to as “D, etc.”) conspired to use the Plaintiff’s housing environment improvement project, and conspired to obtain the subsidy for lease deposit from the Plaintiff, as if they were to lease 61.6m2 (hereinafter referred to as “instant house”) of the real estate listed in the attached Table No. A owned by the Defendant using the Plaintiff’s housing environment improvement project.
Accordingly, E applied to the Plaintiff for support for lease-lease housing and selected as an occupant, and the Plaintiff delegated the preparation of a lease agreement related thereto to Defendant F.
On July 12, 2010, Defendant F, at the office of Defendant G, a broker, drafted a lease agreement with Defendant G, setting the Plaintiff’s lease deposit amount of KRW 70,00,000, and from July 16, 2010 to July 15, 2012 (hereinafter “instant lease agreement”), and on the same day, the Plaintiff drafted a lease agreement with Defendant G, which leases the instant house to E in KRW 110,830 during the said lease term.
E. At the time of the formation of the instant lease agreement, Defendant B and D participated in as the lessor’s agent. At the time, Defendant B and D are the resident registration certificate, family relation certificate, and resident registration certificate of Defendant A.