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(영문) 의정부지방법원 2016.10.05 2016가단105770
채무부존재확인
Text

1. The Plaintiff’s respective deposit obligations listed in the separate sheet against Defendant B, C, D, F, G, and H do not exist.

Reasons

1. The facts of recognition (1) The Plaintiff is the owner of the I-Si Multi-household Housing (hereinafter “instant Housing”), and the Defendants are the lessees of the instant Housing.

(2) After obtaining permission for use of the instant house on June 1995, the Plaintiff began to lease 15 households by requesting a number of real estate intermediaries in the surrounding area.

After that, when the termination of the lease contract and the replacement of tenants, the Korean Licensed Real Estate Agent J has made more active efforts compared to other businesses, and the ratio of the brokerage contract with the plaintiff has increased.

The Plaintiff is aged, and the relationship that resides in Seoul located far away from the instant building and located in Seoul, kept his seal to J and used when signing a contract.

(3) However, the J granted monthly payments to the J on the ground that the lessee’s office of brokerage is close to the bank, and the J accepted and remitted them. The Plaintiff consented to this and received monthly payments from the J.

(4) J은 임차인들에게 “원고가 미국에 거주 중이니 연락하지 마라, 월세를 원고에게 직접 보내면 말썽이 생길 수 있다.”고 말하면서 자신에게 월세를 달라고 하였고, 일부 임차인들에게는 “자신이 이 사건 건물의 실질적 주인이다.”고 말하면서 월세와 보증금을 받았다.

(5) While the Plaintiff was aware of a lease agreement to sell the instant building on or around September 2014, the Plaintiff obtained a written contract from the Defendants and confirmed the details thereof to the lessee. As a result, the J acquired the amount equivalent to the difference of the deposit by means of a forged monthly contract with the Plaintiff, which is less deposit money, after concluding a lease agreement with the lessee.

The J was sentenced to imprisonment with prison labor for ten months in the judgment of the District Court on February 16, 2016.

(6) The Plaintiff’s contract received from J and the Defendants J.

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