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(영문) 대전지방법원천안지원 2020.08.19 2020가단101900
보증금반환
Text

1. The Defendants jointly delivered real estate stated in the separate sheet from the Plaintiff and simultaneously delivered to the Plaintiff 60,000.

Reasons

1. Facts of recognition;

A. On January 26, 2017, Defendant B completed the registration of ownership transfer on the real estate listed in the separate sheet (hereinafter “instant building”) based on sale and purchase.

B. On January 15, 2017, Defendant B and Defendant C (hereinafter “Defendant Company”) entered into a business consignment agreement with the Defendant Company to the effect that, with respect to each of the instant buildings, the Plaintiff entrusted the Defendant Company with all of the leasing-related affairs, including the payment of rent for the lease guarantee period, the receipt of deposit money and management thereof, the lessee’s color and selection, publicity, and the management of the lease contract (the preparation of the contract), etc., and the Defendant Company shall conduct the entrusted business under the name of the Defendant B, and the amount of KRW 730,000 per month shall be paid with the guarantee money for the entrustment. The Defendant Company entered into a contract with the lessee that, at the time of the lease agreement with the lessee, the amount of the above guarantee money may be different.

C. On January 15, 2017, Defendant B issued a letter of delegation and a certificate of personal seal issued by the Defendant Company to the effect that “The Defendant Company confirmed the fact of the lease agreement, such as the lease-related business regarding the building in this case, the payment of rent for the guarantee period, the receipt and management of rental deposit, the lessee’s physical color and selection, publicity, and the management of the lease contract (the preparation of the contract), and delegated the authority related to all matters related to the lease, inspection and visit to the Defendant Company.”

On March 3, 2017, the Plaintiff entered into a lease agreement with the Defendant Company named as the agent of Defendant B, with the terms that the Plaintiff, from Defendant B, set the lease deposit amount of KRW 60,000,000, monthly rent of KRW 150,00, and the lease term from March 9, 2017 to March 8, 2018.

E. The Plaintiff paid the deposit money to the account entered in the instant lease agreement and received the delivery of the instant building.

F. Around February 2018, Defendant Company was dissolved and D was appointed as a liquidator, and D was “E”.

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