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(영문) 인천지방법원 2015.02.04 2013가단82479

건물인도등

Text

1. On the Plaintiff (Counterclaim Defendant),

A. The Defendant (Counterclaim Plaintiff) received KRW 30,000,000 from the Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. The Plaintiff is the owner of each real estate listed in the separate sheet, and the Defendants are those possessing and using each of the above real estate by asserting that they are the lessee of each real estate listed in the separate sheet.

B. The Plaintiff delegated the authority to conclude a monthly lease agreement and receive monthly rent to D, a real estate authorized broker, who operated the “F” in Seo-gu Incheon, Seo-gu, Incheon, on each real estate indicated in the separate sheet (hereinafter “306” and “612”) as a residential building.

C. On February 22, 2013, D related to 306: (a) drafted an officetel charter agreement with Defendant B, with respect to 306, with a monthly rent of KRW 30 million; (b) from March 1, 2013, with respect to KRW 306, and with respect to the term of KRW 1,000,000, without monthly rent; and (c) issued a copy of the said certificate of personal seal impression and resident registration certificate under the name of the Plaintiff, which was obtained in advance from the Plaintiff to be entitled to enter into a monthly rent lease agreement and to receive monthly rent from the Plaintiff (the date of issuance of the lease agreement; and (d) arbitrarily entered the said certificate of personal seal impression and resident registration certificate on February 24, 201; and (e) issued a copy of the said certificate of personal seal impression and resident registration certificate to Defendant B.

Since then, Defendant B paid the down payment of KRW 3 million to D on the date of the preparation of the above contract, and transferred the deposit amount of KRW 26,150,000 on February 26, 2013, and KRW 70,000 on March 1, 2013 to the Suhyup account opened by D without permission of the Plaintiff, and paid the deposit amount of KRW 4,80,000 to D on March 2, 2013.

On the other hand, D prepared a receipt for the remaining KRW 27 million on March 1, 2013 among the above lease deposit, and issued it to Defendant B on February 22, 2013.

On the other hand, the stamp image attached to the above contract and each receipt of the plaintiff's name made D without the plaintiff's permission.