임대차보증금반환
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall pay 38,600,000 won to the Plaintiff (Counterclaim Defendant) and its payment from November 20, 2019.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On March 20, 2015, the Defendant completed the registration of ownership transfer with respect to the instant real estate, and around that time, the Defendant delegated all business related to the lease of the instant real estate to E (hereinafter “E”) and the Defendant, and E entered into a business consignment agreement with the content that E shall pay KRW 800,000 per month to the Defendant under the name of the Defendant’s entrustment.
B. On July 9, 2018, the Plaintiff concluded a contract with the Defendant to lease the instant real estate by setting the lease deposit amount of KRW 40 million, monthly rent of KRW 400,000,000, and the lease term from August 17, 2018 to August 17, 2019 (hereinafter “instant contract”).
C. The Plaintiff paid KRW 1 million to E on the date of the instant contract, and paid KRW 39 million on August 17, 2018 to E’s deposit account as indicated in the deposit account of the instant contract, thereby paying all the deposit money, and received delivery of the instant building.
Meanwhile, as the Defendant committed a fraudulent act by E and the Plaintiff cannot be recognized as the contract of this case, the Plaintiff did not pay the monthly rent of KRW 1.4 million from April 17, 2019 to July 30, 2019. As to the instant real estate, the Plaintiff completed the registration of housing lease (hereinafter “registration of the instant housing lease”) as the registration office for Sungwon District Court Branch Branch of Sungnam Branch of Seoul Branch of District Court on July 23, 2019, and the Plaintiff transferred the instant real estate to the Defendant on July 30, 2019, and the instant contract was terminated at that time.
[Reasons for Recognition] A’s evidence No. 1 is without dispute, and the Defendant asserts that the seal affixed with the signature or seal affixed with the evidence No. 1 is a forged document because it is not the Defendant. However, as seen earlier, the Defendant is related to the conclusion of the lease agreement of the instant real estate in E.