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(영문) 대전지방법원 2017.01.26 2016나109510
보증금반환
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

Basic Facts

Party E is a licensed real estate agent who runs the real estate brokerage business under the trade name of “G licensed real estate agent” in Asan City F. C is a broker’s assistant who actually operates the above G licensed real estate agent’s office under the name of E and operates the real estate brokerage business using the name of E. H is a person who is employed by C through C’s husband I’s punishment.

The Defendant concluded and terminated the lease contract of this case on March 29, 2007, completed the registration of ownership transfer based on sale as to the D and Dong (hereinafter “instant building”).

On July 26, 2013, the Plaintiff entered into a lease agreement with C, claiming that the Defendant’s agent is the lessor, the Defendant, the deposit amount of KRW 22,00,000,000, and the term of existence from August 14, 2013 to August 13, 2015 (hereinafter “the lease agreement of this case”). At that time, C paid KRW 22,00,000,00 as security deposit (hereinafter “the deposit of this case”).

On June 11, 2015, the Plaintiff sent a notice to the Defendant to the effect that “The Plaintiff returned KRW 22,000,000 to August 13, 2015, the expiration date of the lease period, because it did not renew the lease contract of this case,” by content-certified mail, and the said notice reached the Defendant around that time.

C The criminal punishment C is against the instant building owned by L from the end of October 2005 to the end of March 2005, M&A, and the instant building owned by the Defendant from the end of March 2007. From the beginning of early 2012, it was delegated by J and N to perform all acts related to the conclusion of the lease agreement, and is engaged in the recruitment of tenants, receipt of deposit money for lease, and return of deposit money for tenants at the end of the lease period, and it was for personal use for each building owner.

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