보증금반환
1. The Defendant (Counterclaim Plaintiff) simultaneously with the delivery of real estate stated in the separate sheet from the Plaintiff (Counterclaim Defendant).
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On September 6, 2015, the Defendant purchased real estate listed in the separate sheet (hereinafter “instant real estate”) from C and completed the registration of ownership transfer in his/her name on October 11, 2016.
B. On September 5, 2018, the Defendant entered into a business consignment agreement with D (mutual E, business registration number F, G building in light of address address, H), with the content that the Defendant entrusts D with all of the business related to the lease of the instant real estate (such as lessee color and selection, deposit receipts, lease management, etc.) to D, and D shall conduct entrusted business under the name of the Defendant, and D shall pay the Defendant KRW 50,000,000 per month with the guarantee payment for the entrustment.
(hereinafter “instant entrustment contract”). C.
In addition, around September 5, 2018, the defendant confirmed that the lease contract was entered into by D, such as the duties related to the lease of the instant real estate, the payment of rent for the guarantee period, the receipt and management of rental deposit, the lessee's physical color and selection, public relations, the management of the lease contract (the preparation of the contract), etc., and issued a letter of delegation to D, which delegates all the matters related to the lease, and the authority related to household inspection
On October 23, 2018, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with D, which stipulates that the instant real estate shall be leased by setting the deposit amount of KRW 65,000,000, and the term of lease from November 1, 2018 to October 31, 2020 (hereinafter “instant lease agreement”).
E. Under the instant lease agreement, the Plaintiff paid D the lease deposit amount of KRW 3,250,00 on October 23, 2018, and KRW 61,750,000, totaling KRW 65,000, and KRW 65,000 on October 29, 2018, and thereafter acquires the instant real estate from D around that time.
[Reasons for Recognition] The defendant 1-5 of Gap evidence No. 1-5] The defendant voluntarily stated the defendant's name in the lessor's column of Gap evidence No. 1-1-2 lease contract and then entered the defendant's name in the lessor's name.