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(영문) 수원지방법원 2016.10.20 2016가단34072
임대차보증금등 반환
Text

1. The defendant shall deliver real estate stated in the attached list from the plaintiff to the plaintiff at the same time, and at the same time, KRW 30,000,000 to the plaintiff.

Reasons

1. Comprehensively taking account of the overall purport of pleadings as to the cause of the claim Gap's evidence Nos. 1, 2, and 3-1 and 2 (including the fact that there is no dispute between the parties), the lease deposit amount of KRW 30,000,00, and the lease deposit of KRW 30,000 from March 29, 2013 to March 29, 2015, the lease deposit amount of KRW 30,000 shall be paid to the plaintiff around that time, and the payment order of KRW 30,00,000 shall be paid to the defendant on June 3, 2016, since the above lease contract was explicitly renewed, the above lease contract shall be deemed to have been delivered to the plaintiff on June 3, 2016, which is the lessee pursuant to Article 6-2 (2) of the Housing Lease Protection Act, and the payment order of KRW 30,000,000,000, which is the plaintiff's obligation to cancel the lease contract.

2. The defendant's assertion that the defendant did not delegate his/her authority to execute the above lease agreement to C. However, according to the evidence Nos. 3-1 and 2 of the evidence No. 3-2, the defendant filed a lawsuit against the plaintiff as to the order of surrender of the building of this case by Suwon District Court 2014Gadan5479, and the above court rendered a judgment dismissing the defendant's claim on October 8, 2015 on the ground that the plaintiff signed the above lease agreement with C representing the defendant with legitimate authority for the lease of the building of this case and lawfully occupied the building of this case, and the above judgment becomes final and conclusive on October 27, 2015, and even if it is not bound by the facts acknowledged in the judgment of other civil cases, etc., it may be recognized in the related civil case already finalized.

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