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(영문) 수원지방법원안산지원 2020.04.01 2019가단67121
임대차보증금
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 80,000,000 to the plaintiff.

Reasons

1. On March 17, 2017, the Defendant, the owner of the real estate listed in the attached list of the facts of recognition (hereinafter “the instant officetel”), delegated to C all of the powers related to lease, including the collection and management of the deposit money for the instant officetel, and the management of the lease contract (the preparation of the contract).

On July 3, 2017, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with C on behalf of the Defendant, setting the lease deposit of KRW 80,000,000, and the period from July 16, 2017 to July 15, 2019 with respect to the instant officetel.

The Plaintiff paid the Defendant the sum of KRW 80,000,000 on June 28, 2018, KRW 3,000,000 on July 3, 2018, KRW 20,000 on July 15, 2018, and KRW 80,000 on July 21, 2018, and KRW 56,000,000 on KRW 15,000 on July 21, 2018, as a lease deposit, and is in possession and use of the instant officetel.

[Ground of recognition] Facts without dispute, Gap 1, 2, 3, 4, 5, 6, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the Defendant entrusted the Plaintiff with all of the rights to lease the instant officetel to C, and thus, the instant lease agreement concluded by C as the Defendant’s representative was effective between the Plaintiff and the Defendant, and the instant lease agreement terminated on July 15, 2019. As such, the lessor, at the same time, is obliged to pay the Plaintiff KRW 80,000,000, deposit for lease at the same time as the instant officetel was delivered by the Plaintiff.

B. The Defendant asserts that the Defendant did not have the duty to return the deposit to the Plaintiff, since the Defendant determined that the obligation to return the deposit is borne by C in the instant lease agreement.

According to the entry of Gap 1, it is recognized that the special agreement of the instant lease agreement provides that "the liability for the return of deposit shall be borne by C.

However, this case lease contract.

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