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(영문) 수원지방법원 2019.11.21 2019가단533488

보증금반환

Text

1. The Plaintiff:

A. Defendant B shall pay KRW 40,000,000 and a rate of 12% per annum from April 3, 2009 to the date of complete payment.

Reasons

1. Facts of recognition;

A. Three persons, including F, G, H, etc. (hereinafter “F et al.”) co-owners of the Suwon-si D Building E (hereinafter “instant real estate”), trusted the instant real estate to I on March 14, 2005, and completed the registration of transfer of ownership in the future of the said company on the grounds of the trust on the same day.

B. On September 4, 2007, the Plaintiff entered into a lease agreement with Defendant B, a broker of Defendant C, with respect to the instant real estate, with the lease deposit of KRW 40 million, and the lease term of KRW 40 million from September 20, 2007 to September 20, 2008, and paid KRW 40 million as the lease deposit.

C. After doing so, the Plaintiff requested Defendant B, the actual owner of the instant real estate, to resolve the registration issue of the instant real estate, and if the registration issue is not resolved, the Plaintiff terminated the lease contract and returned the deposit.

On January 7, 2008, Defendant B, upon the Plaintiff’s request, prepared a written confirmation that “A, although the term of lease has not yet expired, Defendant B intended to leave due to the failure to solve the registration problem, the owner of the building must prove that B is in the process of transferring the registration or deliver the deposit deposit amount to KRW 10 million by the end of January 2008.” At the time of the preparation of the written confirmation, Defendant C, which had been at the time of the preparation of the said written confirmation, had the intent to pay KRW 0 million to the Plaintiff by the failure to solve the registration problem, and the owner of the building promised to pay KRW 10 million to the Plaintiff by January 20, 2008, and at the time of failure to implement the promise by January 20, 2008, Defendant C, who had been at the time of the preparation of the said written confirmation, agreed to confirm that C’s office of the real estate agent of J will also be held responsible (hereinafter “instant confirmation”).

E. Meanwhile, the Plaintiff seeks the return of the lease deposit against Defendant B.