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(영문) 서울중앙지방법원 2015.10.14 2015나18274
월세보증금반환
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

2. The Plaintiff

Reasons

1. The Plaintiff is a real estate agent who has leased 20,000,000, monthly 400,000, and Defendant B is a real estate agent who has arranged a lease contract. The Plaintiff is a real estate agent who has arranged a lease contract.

Upon the Plaintiff’s entry into a university, D’s mother agreed to lease the instant officetel as a broker of Defendant B on January 14, 2012 while seeking an officetel residing by the Plaintiff.

At the time, the lessor was acting as a licensed real estate agent in Seoul, and the lease contract was acting as a broker for the 95 office debentures owned by the lessor, located in the building in which the instant officetels was located.

However, if the lessee does not object to the terms of the contract proposed through Defendant B, rather than directly preparing a lease contract, the lessee entered into a contract by way that the lessee first puts his signature or seal on the lease contract and then deliver it with the lessor’s seal affixed thereon.

D On January 14, 2012, the lessee of the lease contract entered his name in the lessee's name, and then discarded the lease contract prepared after ascertaining that the maximum debt amount of KRW 9.1 billion was set out on the officetel 95, including the instant officetel.

In addition, the plaintiff, who will actually reside, again signed the contract with himself as the lessee, and paid 2,00,000 won of the down payment.

The Plaintiff deposited 18,00,000 won in the account of the lessor on January 18, 2012, as stipulated in the lease agreement, in the absence of the lease agreement signed and sealed by the lessor.

On February 15, 2012, the Plaintiff received a move-in report, signed and sealed by the lessor through Defendant B, and received a fixed date.

However, on January 27, 2012, the transferor, 95 officetels located in a building in which the instant officetel is located.

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