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(영문) 대전지방법원천안지원 2020.02.05 2019가단112348
보증금반환
Text

1. The Defendants shall deliver real estate stated in the separate sheet from the Plaintiff to each Plaintiff at the same time 80,000.

Reasons

1. Basic facts

A. On August 24, 2018, Defendant B purchased real estate listed in the separate sheet (hereinafter “instant real estate”) from D, and entered into a business consignment agreement with Defendant C, who completed business registration for the purpose of real estate lease management business under the name of “E” on August 28, 2018, with Defendant C, which delegated Defendant C with all of the business affairs related to the lease of the instant real estate, including physical lease, selection, public relations and lease management (preparation of a contract), lease deposit money, and payment of rent, etc., of the instant real estate. Defendant C shall conduct a consignment business under the name of Defendant B, and Defendant C shall pay Defendant C KRW 10,000,000 per month and KRW 800,000 per month (hereinafter “instant business consignment agreement”).

Defendant B completed the registration of ownership transfer with respect to the instant real estate on September 20, 2018.

B. On September 1, 2018, the Plaintiff entered into a lease agreement with Defendant C to lease the instant real estate from Defendant B by setting the lease deposit amount of KRW 80,000,000, monthly rent of KRW 100,000, and the lease term from September 16, 2018 to September 15, 2019 (hereinafter “instant lease agreement”).

Article 13(1) of the Special Agreement on the Lease of this case provides that “The liability for the return of deposit shall be borne by E.”

C. On September 1, 2018, the Plaintiff wired KRW 80,000,000 in total, as deposit money, to the account entered in the instant lease agreement as deposit deposit account, and KRW 80,000,000 in total, as of September 6, 2018, and received the delivery of the instant real estate.

The Plaintiff remitted monthly rent to the account entered in the monthly rent deposit account in the instant lease agreement from March 15, 2019.

E. On May 30, 2019 and June 24, 2019, the Plaintiff notified Defendant B of the absence of an intent to renew the instant lease agreement.

【Identification of Fact-finding】 Defendant 2

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