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(영문) 서울중앙지방법원 2019.11.25 2018가단5041385

보증금반환

Text

1. As to Defendant C and D’s co-ownership of KRW 60,000,00 for Plaintiff A, and KRW 140,000 for Plaintiff B and each of the said money.

Reasons

1. Basic facts

A. On November 2015, Plaintiff A entered into a lease agreement with Defendant D who represented Defendant C on behalf of the end of November, 2015, and H located in one parcel of land (hereinafter “instant loan”) with the period of KRW 60,000,000, and the period of KRW 24 months. Around that time, Plaintiff A deposited the total amount of the deposit, KRW 6,00,000,000, out of the deposit paid, into an account other than the account indicated in the written consent.

At the time of the conclusion of the above lease agreement, Defendant E, a licensed real estate agent.

B. On November 2015, Plaintiff B entered into a lease agreement with Defendant D on behalf of Defendant C as a broker of Defendant E, setting a deposit of KRW 140,000,000, and a period of KRW 24 months. At that time, Plaintiff B paid the full deposit amount of KRW 14 million on the check.

C.

At the time of the conclusion of each of the above lease agreements, in order for Defendant C to lease to another person in the above loan household, the trust registration was completed in the name of K Co., Ltd. (hereinafter “K”), and Defendant C received a loan from L Co., Ltd. (hereinafter “L”), the consent of K and L was obtained, and the lease deposit and rent were also in accordance with the terms and conditions prescribed by K and L. Defendant D forged a copy of the above lease deposit and monthly rent.

K denied the validity of each of the above lease agreements, and filed a lawsuit against the plaintiffs to claim the delivery of each of the above lease objects, and the plaintiffs delivered the leased objects to K, but they did not receive the refund of the lease deposit.