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(영문) 수원지방법원 2015.09.09 2014나44632
임대차보증금반환
Text

1. Revocation of a judgment of the first instance;

2. Defendant B pays to the Plaintiff KRW 40,000,000.

3. The plaintiff's defendant C and D.

Reasons

1. Facts of recognition;

A. Defendant B is the owner of Ansan-si Etel No. 703 (hereinafter “instant building”), Defendant C is the former husband of Defendant B’s husband, and Defendant D is a licensed real estate agent.

B. On August 20, 2012, the Plaintiff concluded a lease agreement between Defendant C and Defendant C, claiming that Defendant C is the agent of Defendant B as to the instant building (hereinafter “instant lease agreement”) from September 11, 2012 to September 10, 2013 (hereinafter “instant lease agreement”).

C. The lease contract of this case is to deposit the deposit money of the 3. lease deposit into the current tenant's F account, including the down payment.

b. 4. 4. The name of the Defendant B was indicated as “a contract box (a delegation letter and identification card attached) by Defendant C on behalf of the lessor,” and a copy of Defendant C’s resident registration certificate is attached thereto on November 28, 2011 under the name of Defendant B (hereinafter “the proxy letter of this case”) and Defendant C’s resident registration certificate. Of the proxy letter of this case, “a delegating” is only the name and seal of Defendant B, but it did not include Defendant B’s certificate of personal seal impression.

On the date of concluding the instant lease agreement, the Plaintiff deposited KRW 4 million out of the lease deposit into the former lessee F’s account. On September 1, 2012, the Plaintiff deposited KRW 35 million into the F’s account, and deposited the remainder KRW 1 million into the Defendant D’s account, respectively.

E. On December 25, 2010, Defendant C entered into a charter agreement with H on the instant building, without any authority, to forge the charter agreement under the name of Defendant B, and to enter into a charter agreement with I on November 28, 201 with respect to the instant building on or around March 31, 201, the instant delegation of authority and Defendant B, without any authority, to forge the charter agreement under the name of Defendant B, and to enter into a charter agreement with F on or around March 31, 2012, to forge the charter agreement under the name of Defendant B without any authority, and to enter into a charter agreement with the Plaintiff on or around August 20, 2012.

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