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(영문) 수원지방법원 2016.06.14 2014가단34498

임대차보증금반환 등

Text

1. The Plaintiff, Defendant B, and Defendant C, jointly with Defendant B, KRW 80,000,00, and KRW 43,000,000 among the said money, respectively.

Reasons

1. Basic facts

A. (1) Osan-si E apartment F (hereinafter “instant apartment”) is a public rental apartment sold by the LH Corporation. Defendant B entered into a lease agreement with the LH Corporation on March 201 by setting the lease deposit amounting to KRW 55 million and monthly rent at KRW 450,000 (hereinafter “instant lease agreement”).

(2) The instant lease agreement was concluded by G to Defendant B, stating that “If the instant apartment is leased with a special lease for a disabled person, the apartment will be sold later and the profits therefrom will be attributed to it.” As it was concluded by G under the name of the Defendant B, G dealt with all activities concerning the conclusion of the said lease. Defendant B did not live in the instant apartment.

(3) The right to lease on the instant apartment was transferred to Defendant C via G, H, and Defendant D.

B. On September 2012, 2012, the Plaintiff found Defendant D to be the first real estate in which Defendant D worked to move to the apartment complex E, Osan-si. Defendant D introduced J real estate to the Plaintiff.

C. (1) On September 5, 2012, Defendant C entered into a sub-lease contract with the Plaintiff regarding the instant real estate between the Plaintiff and Defendant B, the Plaintiff, and the lease deposit amount of KRW 80 million, and the lease term from September 22, 2012 to September 21, 2014 (hereinafter “sub-lease contract”). At the time of the preparation of the said sub-lease contract, Defendant C kept the following: (a) a lease contract made between Defendant B’s seal impression book, LH Corporation’s passbook, and the head of K bank passbook and the resident registration certificate in the name of the Defendant B.

(2) The instant sub-lease contract is stipulated as a special agreement, and ① the instant apartment is a contract in which both parties become aware of the fact that the instant apartment is a public rental apartment of the LH Corporation, but is not subject to the sub-lease from the LH Corporation, and ② the lessee cannot make a move-in report and a fixed

(3) The amount equivalent to deposits shall be notarized.