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(영문) 대전지방법원 2017.01.04 2016가단201460
임대보증금반환
Text

1. Defendant C’s KRW 60,000,000 as well as 5% per annum from December 29, 2015 to June 4, 2016.

Reasons

1. Basic facts

A. The Defendants were married on May 7, 1986, but agreed upon on August 20, 2010, and on January 8, 2010, each 1/2 shares of the instant multi-family house is owned by the owners who jointly purchased the building with three floors of the Daejeon Seosung-gu D ground reinforced concrete structure (Iron), concrete branch, and roof (hereinafter “the instant multi-family house”).

B. After the divorce, Defendant C brought a lawsuit against Defendant B, including the division of property, consolation money, etc. at the family branch of Daejeon District Court No. 2010dhap593, and the following decision of recommending reconciliation was finalized in the above case.

B shall be sold to C with respect to the instant multi-family house as a result of division of property to a third party by February 28, 2013, but the rent accrued until the sale shall accrue to the Plaintiff. A half of the remaining amount after deducting taxes and public charges, security deposit, obligation for housing mortgage, etc. from the real estate transfer proceeds shall be paid to the Plaintiff.

C. After the divorce, Defendant C comprehensively delegated the lease of the instant multi-family house to E to a licensed real estate agent who was well aware of while moving to the United States, and specifically stated the terms and conditions of the contract with E by Kakakao Stockholm and Internet telephone, etc. whenever a lease contract is concluded, Defendant C permitted the Defendants to enter into a contract by selling their seals.

On November 20, 2013, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the non-party to the licensed real estate agent Nonparty E claiming that Defendant C and Defendant B represent, and around that time, the Plaintiff paid KRW 60 million of the lease deposit to the Defendant C, KRW 60 million of the instant multi-family house, KRW 100,000 of the monthly rent, and the lease term from December 28, 2013 to December 28, 2015.

At the time of the conclusion of the instant lease agreement, E entered into specific terms and conditions of the lease in contact with Defendant C, and deposit and rent also to Defendant C.

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