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(영문) 서울서부지방법원 2018.02.09 2017가단213121
임대차보증금반환 등
Text

1. Preliminary Defendant C, D, and E jointly share to the Plaintiff (Counterclaim Defendant) for KRW 72,00,000,000 and this shall apply.

Reasons

1. Under the facts, Defendant C is a corporation whose purpose is real estate brokerage business, etc., and Defendant D is a representative director of Defendant C and a licensed real estate agent.

On April 21, 2015, the Defendant Association concluded a mutual aid agreement with Defendant D on April 21, 2015 (hereinafter “instant mutual aid agreement”) with the content that the period of mutual aid between April 21, 2015 and April 20, 2016 shall be KRW 400 million where Defendant D intentionally or negligently causes property damage to a transaction party while mediating real estate.

(2) Article 53-2(1) of the Housing Act, which was in force as of September 25, 2014; Article 69-3(2) of the Enforcement Decree of the same Act; and Article 31-2 of the Enforcement Rule of the same Act, is a company registered as a self-management type housing rental management business entity pursuant to Article 53-2(1) of the Housing Act, which was in force as of September 25, 2014.

On May 18, 2015, the Plaintiff prepared a lease agreement (hereinafter “instant lease agreement”) on real estate listed in the separate sheet (hereinafter “instant building”) with Defendant D, the representative director of Defendant C, along with Defendant D, on May 18, 2015, and its main contents are as follows.

lessor: Defendant B

(b) Agent of a lessor: F;

(c) Lease deposit: 80,000,000 won; and

(d) Term of lease: From May 30, 2015 to May 30, 2016;

(e) Matters of special agreement:

3. At the time of the preparation of the instant lease agreement, Defendant B and F were not present at the time of signing the instant lease agreement, the Plaintiff signed the lessee’s portion of the instant lease agreement, and Defendant D signed the F’s representative director’s seal on behalf of the lessor’s agent on behalf of the broker.

In addition, the defendant D at the time.

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