임대차보증금
The plaintiff (Counterclaim defendant)'s claim on the principal lawsuit is dismissed.
The plaintiff (Counterclaim defendant) shall list the defendant (Counterclaim plaintiff) in attached Form.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On October 26, 2017, the Defendant completed the registration of ownership transfer based on sale on October 11, 2016 regarding real estate listed in the separate sheet (hereinafter “instant real estate”).
B. On August 22, 2017, the Defendant prepared and issued a power of delegation to Co., Ltd. (hereinafter “Nonindicted Company”) on August 22, 2017, stating that “The Defendant shall delegate the authority related to the lease of the instant real estate to Nonparty Company, including the lease-related business affairs, the payment of rent during the lease guarantee period, the receipt and management of deposit money, the color and selection of lessees, and the management of the lease contract (making of the contract), and the authority related to the household inspection and visit.”
C. D, the representative director of the non-party company, completed the registration of a personal entrepreneur with the trade name “E” around June 19, 2017.
On the other hand, the non-party company is dissolved by a resolution of the general meeting of shareholders on February 14, 2018, and completed the registration of dissolution on February 21, 2018, and D where the representative director was registered as a liquidator on the same day.
On September 7, 2018, the Plaintiff entered into a lease agreement (hereinafter referred to as “instant lease agreement”) with the Defendant, with the terms that the Plaintiff leases the instant real estate from the Defendant with the lease deposit amount of KRW 50 million and the term of lease from September 18, 2018 to September 17, 2020 (hereinafter referred to as “instant lease agreement”).
The lessor of the instant lease agreement refers to the Defendant’s personal information, and the lessee’s personal information is written in the lessee’s name, and the “name” of the lessor’s agent is written in the “E”, and the seal is affixed to the name of the D personal registration number in the business registration number column, and the location of the D personal registration number in the “E” name and the address column is written in the business registration number column.
E. On September 8, 2018, the Plaintiff entered in the instant lease agreement as a deposit account, respectively, KRW 4 million, and KRW 45 million on September 18, 2018.