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(영문) 수원지방법원 2020.02.07 2019가단531697
임대차보증금
Text

1. The defendant (Counterclaim) is simultaneously with the delivery of real estate stated in the list from the plaintiff (Counterclaim defendant).

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On July 7, 2018, the Defendant purchased the real estate listed in the list (attached Form) from C, D, E, F, G, H, I, and J (hereinafter “instant real estate”).

On July 13, 2018, the Defendant: (a) concluded a business consignment agreement (hereinafter “instant consignment agreement”) with L, with the name of “K, which operated the business of leasing and managing real estate; (b) “K,” with the terms “K, in entirety, delegated the business of leasing real estate in this case, payment of rent for the period of leasing guarantee, deposit money and management; (c) lessee color and selection, publicity, lease, management of lease and other lease-related business for the Defendant; and (c) L, in the name of the Defendant, has entrusted all of the above lease-related business of the instant real estate in the name of the Defendant; and (d) has to pay KRW 80,000,000 per month to the Plaintiff under the pretext of guarantee of rental profit for the entrustment (hereinafter

Since then, the defendant completed the registration of ownership transfer on October 8, 2018.

B. On March 16, 2019, the Plaintiff drafted a contract to lease the instant real estate with a fixed deposit of KRW 80,000,000, and the term of lease from March 23, 2019 to March 22, 2020 (a certificate No. 1; hereinafter “instant contract”) (hereinafter “instant contract”).

C. Pursuant to the instant contract, the Plaintiff paid L, KRW 1,00,000, out of the deposit on March 16, 2019, and KRW 79,00,000, out of the deposit on March 22, 2019, respectively, to L, respectively, and on March 23, 2019, acquired the instant real estate by transfer around March 23, 2019.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 8, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff’s instant contract is a lease agreement concluded by L as the Defendant’s representative.

L is on behalf of the defendant.

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