logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2018.03.08 2017가단318593
임대차보증금
Text

1. The Plaintiff:

A. Defendant Hob Forest Co., Ltd.: KRW 75,00,000 and its amount from April 5, 2014 to July 24, 2017.

Reasons

1. Facts of recognition;

A. On November 13, 2012, the Plaintiff leased the Plaintiff’s 504 (hereinafter “instant real estate”) of the Plaintiff’s M&W Forest Co., Ltd. (hereinafter “Defendant Company”) from the Busan J&D Forest for the lease deposit for KRW 75,00,000,00, the lease deposit for the lease period from November 15, 2012 to November 14, 2013 (hereinafter “instant lease agreement”), and the Defendant Company occupied the instant real estate by paying the lease deposit in full (hereinafter “instant lease agreement”).

B. The instant lease agreement was concluded as a broker E of the “D Real Estate Brokerage Office” (hereinafter “instant office”), the representative of Defendant B, and the Defendant Company delegated all the powers regarding the conclusion of the instant lease agreement to the instant office.

C. At the time of the conclusion of the instant lease agreement, the instant real estate was registered for the establishment of chonsegwon (hereinafter “registration for the establishment of chonsegwon”) in the name of Nonparty F from April 24, 2010 to April 23, 2012. However, the instant lease agreement states that “the establishment of chonsegwon is a contract under the conditions to terminate” (hereinafter “instant special agreement”) is stipulated, and E pays KRW 75,000,000 to the Plaintiff, the registration for the establishment of chonsegwon can be cancelled in money.

However, even after the Plaintiff paid the lease deposit to the Defendant Company, the registration of the establishment of the instant chonsegwon was not cancelled, and the instant real estate was sold to Nonparty G in the voluntary auction procedure for the instant real estate requested by the F. The Plaintiff did not receive any refund of the lease deposit at all, and delivered the instant real estate to G on April 4, 2014.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings

2. The plaintiff to determine the claim against the defendant company is the lease deposit to the defendant company.

arrow