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(영문) 수원지방법원 2018.06.29 2017나77930
임대차보증금
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall provide real estate listed in the attached list from the plaintiff.

Reasons

Basic Facts

C On July 2010, after borrowing the certificate of licensed real estate agent D from a licensed real estate agent D, C was engaged in real estate brokerage business, real estate leasing and management business, etc. under the trade name “F” from around that time to March 2016.

(A) On March 16, 2012, the Defendant purchased the 4th floor building in K (hereinafter “instant building”) from March 16, 2012 as the broker of C, and around that time, the Defendant, entrusting C with the affairs pertaining to the lease and management of the instant building, prepared a power of delegation stating “the delegated authority: the delegated authority: all the matters pertaining to the lease of each floor (the contract and the collection of rent, etc.)” (hereinafter “the power of delegation”).

(A) No. 1-2) At the time of the Plaintiff’s agent G (the Plaintiff’s father’s husband’s husband’s husband’s husband’s husband’s G borrowed from the licensed real estate agent H, the operator of the I Licensed Real Estate Agent’s Office, and engaged in the building lease management business under the trade name of “J”.

On May 16, 2014, among the instant building’s representatives C, the Plaintiff, the lessor, the Defendant, the lease deposit amount of KRW 32 million, and the lease term of KRW 32 million from June 28, 2014 to June 28, 2016 (hereinafter “instant lease contract”) was concluded between the Defendant’s agent C (hereinafter “instant lease contract”). (Evidence 1-1), the Plaintiff paid KRW 2 million to C a down payment and KRW 32 million from June 26, 2014 (hereinafter “instant lease deposit”). At that time, the Plaintiff received KRW 32 million from the Plaintiff, and the Plaintiff received KRW 32 million from the first lease deposit.

“A receipt was issued under the name of the Defendant (the lower part of the evidence No. 2 of the Defendant). C, on December 20, 2016, “The forgery or use of a lease agreement on multiple buildings (including the instant building) entrusted and managed by C from the owners of the buildings including the Defendant,” and “the foregoing.”

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