(영문) 부산지방법원 2016.11.24 2016나6115 | 리걸엔진

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줄 간격

자간(%)

(영문) 부산지방법원 2016.11.24 2016나6115

임대차보증금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The parties' assertion

A. On September 3, 2011, the Plaintiff’s assertion C concluded a lease agreement (hereinafter “instant agreement”) with regard to D real estate brokers representing the Defendant under the Plaintiff’s name and 2012, namely, KRW 10 million, monthly rent of KRW 500,000,000, and the lease period from September 3, 201 to September 2, 2012.

C When entering into the instant contract, C entered the name of the Plaintiff in the tenant column in the contract, and the Plaintiff paid the deposit KRW 10 million upon C’s request, so the lessee of the instant contract is the Plaintiff, and as long as the lease term expires, the Defendant is obligated to return the deposit to the Plaintiff.

B. The Defendant’s assertion is that the lessee under the instant contract is C, and thus, the Plaintiff’s assertion is without merit, and even if not, there is no difference between the overdue rent of KRW 10 million and the lease deposit.

2. As to who is a party to a contract where an actor to make a judgment was engaged in a juristic act in the name of another person, the parties to the contract shall first determine the offender or the title holder as the party to the contract in accordance with the consent of the actor, if the actor and the other party agree with each other. Where the intent of the actor and the other party are not in accord, the other party shall be determined by how the actor and the title holder understand as the party to the contract in accordance with all the detailed circumstances before and after the conclusion of the contract, including the nature

(see, e.g., Supreme Court Decision 2000Da3897, May 29, 2001). In light of the above legal principles, the following are comprehensively acknowledged: (a) the parties to the instant contract, namely, the parties to the instant contract; (b) the evidence Nos. 1, 1, 1 and 3 (including the serial number) and the purport of the entire pleadings.

참조판례

-대법원 2001. 5. 29. 선고 2000다3897 판결

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