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(영문) 서울동부지방법원 2017.06.23 2016가단114898
임대차보증금 등 반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Defendant B, upon the introduction of D, sold the Songpa-gu Seoul E 105 commercial building (hereinafter “instant commercial building”), completed the registration procedure for transfer of ownership in the name of Defendant B on August 26, 2015.

B. On February 25, 2015, the Plaintiff prepared a lease agreement (a certificate No. 5; hereinafter “instant lease agreement”) that the Plaintiff wishes to lease the instant commercial building by setting the lease deposit amount of KRW 30 million, monthly rent of KRW 350,000,000 from July 31, 2015 to July 31, 2016. However, among the above lease agreement, the lessor’s name was only the Defendant B’s name, and there was no signature or seal, and the lessor’s name and signature was written in the lessor’s agent column.

C. Around 16:00 on August 24, 2016, “D” was the G Real Estate Office operated by the Plaintiff on February 25, 2015, the Seoul East Eastern District Court 2016Ra2630, which was the Seoul Eastern District Court 2016.8.25.2.25, 2015, the Plaintiff and the Plaintiff sought to lease the said commercial building from the Plaintiff and H, who was introduced D from the Plaintiff, to “Seoul Songpa-gu E Commercial Building 104 and 105, are the same as that of the fluorous B, who was delegated by B with all the authority regarding the lease agreement. It would be possible to enter into a lease agreement with the Republic of Korea. At present, B would sign B’s seal on the lease agreement in the presence of B when entering the seamen on March 25, 2015.”

However, in fact, B was staying in the Republic of Korea at the time of the above contract and D was requested by B to mediate the above commercial lease contract and did not have been delegated the authority to conclude the above commercial lease contract, so even if the above contract was concluded with the above victims, it did not have the intent or ability to perform the above contract.

Nevertheless, D, as seen above, deceiving the victims, and around February 25, 2015 from the Plaintiff, D, 6 million won as the contract deposit for the commercial lease of this case, and the same year.

4.30.Woman Flags.

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