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(영문) 의정부지방법원 2020.11.10 2019가단119398
전세보증금 반환 청구의 소
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On February 21, 2017, the Plaintiff’s attached D and Defendant B found the office of real estate agent E, and drafted a lease agreement (hereinafter “instant lease agreement”) stating that the Plaintiff would rent KRW 240,000,000 from March 8, 2017 to March 7, 2019 the lease deposit amount of KRW 240,000,000, while the lease deposit amount of KRW 216,000,000 from the Defendants to the payment of KRW 216,00,000 on March 8, 2017.

B. Meanwhile, from November 17, 2016 to October 27, 2017, D paid to Defendant B a total of KRW 237,660,00 by means of remitting the sum of KRW 237,60,00 to Defendant B’s mother-friendly G as follows:

B B B B B B B B B B B G

C. From March 15, 2017 to June 26, 2017, Defendant B paid KRW 157,000,000 to D by means of remitting to D’s financial account or remitting to H stock companies designated by D as follows.

1. D 2,00,000 won on March 15, 2017 D 3, 10,000 won on April 2, 2017, H Co., Ltd. 40,000,000 won on April 11, 2017, H Co., Ltd. 4, April 10, 2017; 40,000,000 won on May 22, 2017; 10,000,000 won on May 6, 2017; 10,000,000 won on May 25, 2017; 10,00,00 won on April 26, 2017; 10, 200, 30,000 won on each of the testimony Co., Ltd. 10, 300,70, 200,00 won on May 26, 2017

2. The parties' assertion and judgment

A. On February 21, 2017, the Plaintiff asserted that: (a) concluded a lease agreement with the Defendants on the instant housing; (b) paid KRW 10,000,000 on March 8, 2017 to Defendant B via D with the lease deposit; and (c) rescinded the said lease agreement with the Defendants; (d) the Defendants agreed to refund KRW 150,000,000 to the Plaintiff.

Accordingly, Defendant B is subject to D.

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