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(영문) 수원지방법원 2020.10.14 2019가단524262
건물명도(인도)
Text

The Plaintiff

A. Defendant B delivers a building listed in the separate sheet;

B. Defendant C pays KRW 12,510,000.

Reasons

1. On May 10, 2017, the Plaintiff, the owner of the instant apartment, entered into a lease agreement with Defendant B, the husband of the instant apartment under the brokerage of D and E, a licensed real estate agent, to lease the instant apartment by setting the deposit of KRW 10 million, monthly rent of KRW 90,000,000,000 from May 27, 2017 to May 26, 2019. The Plaintiff received one million as the down payment from Defendant B as the down payment.

E and Defendant B conspired to acquire the deposit money by acquiring the deposit money in the name of the Plaintiff, without the Plaintiff’s consent, after registering the instant apartment in the computer network used by the licensed real estate agents as the deposit money without the Plaintiff’s consent, with the person seeking the deposit money and the Plaintiff, for the purpose of raising the deposit money in the middle of May 2017.

Defendant C asked F, a licensed real estate agent of Suwon-si, about the whole rent of apartment house, and F confirmed the whole rent, and then introduced it to Defendant C.

Defendant C entered into a lease agreement with the Plaintiff’s agent under the F and E’s brokerage on May 19, 2017 with the terms of leasing the instant apartment by setting the deposit amount of KRW 200 million and the period from June 30, 2017 to June 29, 2019.

At the time of the conclusion of the above lease agreement, E presented E’s family relation certificate, the Plaintiff’s certificate of personal seal impression, proxy, and resident registration certificate to Defendant C with the Plaintiff. However, the above family relation certificate, the certificate of personal seal impression, the power of attorney, and the copy of the resident registration certificate were all forged. The Defendant C was not the Plaintiff but the Defendant B.

On May 27, 2017, the Plaintiff received the remainder deposit of KRW 9 million from Defendant B and delivered the instant apartment to Defendant B.

Defendant C drafted a new contract under a lease agreement between E and the above on June 30, 2017 and May 19, 2017, and changed the date of preparation to May 19, 2017 and KRW 170 million. This case around that time.

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