임대차보증금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The judgment of the court of first instance.
Basic Facts
The Defendant awarded the instant apartment E (hereinafter “instant apartment”) at the auction procedure in order to obtain ownership on October 10, 2012.
Since the defendant was residing in Bupyeongcheon-si, he asked C to identify the person who was living in the area of the apartment in the vicinity of the apartment in this case, and asked C to find out the person who was living in the area of the apartment in this case.
F was a person who had entered into a lease contract with the former owner of the instant apartment, and was residing in the instant apartment. However, C did not seek a new lessee and suggested F to enter into a lease contract with F as if he was the husband of the Defendant.
Since F is short of the funds to pay the lease deposit, F and C made a lease agreement on November 29, 2012 on the apartment of this case with the lessor, the lessee, the F and C set up a deposit amount of KRW 12 million, but F made a monthly payment of KRW 200,000 to C until the deposit is prepared.
F paid the lease deposit of KRW 12 million to C on February 28, 2013 and concluded a new lease contract.
F concluded a lease agreement with C on March 14, 2013, stipulating that the Plaintiff, who was living together in the instant apartment, was the lessee, and the lessor, the lessee, the Plaintiff, and the deposit amount of KRW 12 million (hereinafter “instant lease agreement”).
On the other hand, C did not pay 12 million won of the above lease deposit received from F and consumed it to the Defendant.
The plaintiff extended the lease contract of this case by implied renewal, but on February 2017, the plaintiff expressed his intention to terminate the lease contract of this case to the defendant and demanded the return of the lease deposit.
C on September 27, 2018, “C” means F as if the Defendant did not have the authority to conclude the lease contract on the instant apartment on February 28, 2013, and as if it had the authority to conclude the lease contract without being delegated by the Defendant.