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(영문) 수원지방법원성남지원 2013.10.23 2012가단208571
임대차보증금반환 등
Text

1. Defendant A, B, C, and D are jointly and severally liable to the Plaintiff for KRW 66,50,000,000 and its related amount from October 15, 2010 to March 1, 2013.

Reasons

1. The following facts may be found either as a dispute between the parties, or as a whole as a whole with Gap evidence Nos. 1 through 3, 5, 8 (including paper numbers), Eul evidence Nos. 4 and 6 (including paper numbers), Eul evidence Nos. 10, Gap evidence Nos. 9 and Eul evidence Nos. 7, and all the arguments.

In order to improve the residential environment of low-income residents, the Plaintiff leased the house from the owner of the house who wants to reside, and then sublet it to the occupant. Thus, some of the security deposits stipulated in the lease contract between the Plaintiff and the housing owner shall be borne by the occupant, and the remainder shall be paid by the Plaintiff to the housing owner.

B. On April 2009, the Plaintiff delegated Defendant E, a certified judicial scrivener, with the affairs to be entered into on behalf of the Plaintiff, a lease agreement between the housing owner and the Plaintiff, and a sublease agreement between the Plaintiff and the occupant in accordance with the above residential environment improvement project.

C. Meanwhile, Defendant B is the children of Defendant A, and Defendant C is the spouse of Defendant B, and both the said Defendants and Defendant D are the believers of “I church” located in Sungnam-si where G is a pastor.

Defendant A, B, C, and D, who is a pastor of the above I church, conspiredd to obtain a rental deposit subsidy from the Plaintiff as if Defendant D used the Plaintiff’s above residential environment improvement project to lease the real estate listed in the attached list owned by Defendant A, using the Plaintiff’s above residential environment improvement project.

E. According to the above public invitation, Defendant D applied for the designation of the occupant of the above housing environment improvement project. Upon Defendant D’s request, the Plaintiff decided to sublet the real estate indicated in the attached list owned by Defendant D to Defendant D, and accordingly, Defendant E delegated the conclusion of the above lease agreement on October 12, 2010.

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