임대차보증금반환
1. The counterclaim of this case shall be dismissed.
2. The Defendant (Counterclaim Plaintiff) pays KRW 40,000,000 to the Plaintiff (Counterclaim Defendant).
3.
1. Basic facts
A. On July 21, 2016, the Defendant completed the registration of ownership transfer for reasons of sale on July 16, 2014 regarding the real estate listed in the separate sheet (hereinafter “instant real estate”).
B. On June 10, 2016, the Defendant concluded a business consignment agreement with C (hereinafter “instant business consignment agreement”) with the content that: (a) the instant real estate leasing business related to the instant real estate; (b) the payment of rent for the guarantee period; (c) the receipt and management of rent for the lease deposit; (d) the lessee’s physical color and selection; (e) the public relations for lease; and (e) the payment of deposit KRW 10 million per month with the entrusted guarantee amount; and (c) the sales consignment agreement (hereinafter “instant business consignment agreement”); and (d) the main contents of the instant business consignment agreement are as follows.
Article 2 (Name) The entrusted business shall be exercised in the name of the defendant.
- In recognition that the defendant is performing duties such as public relations of lease, tenant color and selection, deposit money and management, issuance of lease contract, etc. through C, the defendant concludes this contract.
C may create a virtual account in the name of the defendant for the management of the lessee deposit and rent, and the defendant agrees thereto.
C. On June 10, 2016, the Defendant issued a letter of delegation to C, stating that “The Defendant shall delegate to C the authority related to the lease of the instant real estate as well as the household inspection and visit, such as the duties related to the lease, the payment of rent for the lease guarantee period, the receipt and management of rental deposit money, the lessee’s physical color and selection, and the management of the lease contract (form of the contract).”
The Plaintiff entered into a lease agreement with C, who acts as the Defendant’s agent on March 2, 2017, stipulating that the instant real estate is leased with a deposit of KRW 40 million, KRW 200,000 per month, and the period from March 2, 2017 to March 1, 2019 (hereinafter “instant lease agreement”).