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(영문) 수원지방법원안산지원 2020.03.27 2019가단56619

전세금반환청구

Text

1. The Defendant shall pay to the Plaintiff KRW 61,00,000 and the interest rate of KRW 12% per annum from July 15, 2019 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Defendant completed the registration of ownership transfer on September 14, 2015 with respect to the member-gu Seoul Office Officetel D (hereinafter “instant building”).

B. On October 8, 2015, the Defendant issued to F, who operates the E Licensed Real Estate Agent Office, a letter of delegation (hereinafter “instant power of delegation”) with the following terms and conditions, and issued the certificate of personal seal impression of the principal, stating “for delegation of the lease of D” in the usage column around October 10, 2015.

A person to be delegated with power of delegation - Name: F - Indication of the real estate entrusted with the management of an officetel lease - The portion delegated, authority and amount of delegation - All matters concerning the lease contract of the building of this case (deposit and return of deposit money): The amount delegated: The full deposit and return of deposit money for lease of the building of this case - Other matters: Maintenance and repair of facilities, extension of contract and return of deposit money for termination

C. On October 5, 2015, F entered into a lease agreement with the Plaintiff and the instant building as the Defendant’s agent (hereinafter “instant lease agreement”) with the lease deposit amounting to KRW 55 million, and with the lease term up to October 9, 2016.

On October 5, 2015, the Plaintiff paid a down payment of KRW 5 million to F, and paid KRW 50 million to F on October 8, 2015.

E. On August 31, 2017 and December 17, 2018, the Plaintiff resided in the instant building upon delivery, and paid KRW 3 million each of the said KRW 3 million to F on two occasions, by increasing the deposit under the instant lease agreement, respectively.

F. The Defendant did not pay the Plaintiff the instant building to the Plaintiff, thus requesting the delivery of the said building. Accordingly, the Plaintiff delivered the instant building to the Defendant on July 14, 2019.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 8 evidence, purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion is F as the defendant's representative and this case.