임대차보증금
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) simultaneously with the delivery of real estate stated in the attached Form from the Plaintiff (Counterclaim Defendant).
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Facts of recognition;
A. On July 14, 2014, Defendant B, a licensed real estate agent, and Defendant C, a broker assistant, have prepared and delivered the power of attorney as follows (hereinafter “instant power of attorney”).
A person delegated: The indication of real estate delegated to C: the portion delegated to 3 offices, such as Etel F: The deposit received and the amount delegated to the management of facilities to be refunded under the lease agreement: the full amount of deposit, and other matters:
1. Maintenance and repair of facilities upon defects;
2. Extension of contract period and notification of expiration of contract period;
3. Delegation to participate in the meeting of occupants' representatives (a separate liaison);
B. On December 17, 2015, Defendant B acquired the ownership of the instant real estate. At that time, Defendant B added two houses, including the instant real estate, to the indication column for the real estate delegated by the power of attorney.
C. On August 16, 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant C, the agent of Defendant B, setting the deposit amount of KRW 60,000,000, and the period from November 28, 2016 to November 28, 2017, with respect to the instant real estate.
(The name column of Defendant C affixed the seal of Defendant C to the name column, and Defendant C also stated as the broker of the instant lease contract. Around that time, the Plaintiff paid Defendant C the down payment of KRW 1,000,000 for the instant lease contract.
On November 28, 2016, the Plaintiff paid the remainder of KRW 59,000,000 under the instant lease agreement to Defendant C, and began to reside in the instant real estate upon delivery on the same day.
E. The instant lease contract was implicitly renewed, and the Plaintiff expressed his intent of termination to Defendant C and D on November 2018.
Defendant C and D demanded the Plaintiff to return the deposit by January 31, 2019, but this was not observed, and only KRW 11,000,000 out of the deposit was returned to the Plaintiff around February 2019.
[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including a branch number if there is a serial number).