(영문) 수원지방법원안산지원 2020.04.02 2019가단63785

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(영문) 수원지방법원안산지원 2020.04.02 2019가단63785

임대차보증금

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1. The Plaintiff (Counterclaim Defendant) shall deliver to the Defendant (Counterclaim Plaintiff) the real estate indicated in the separate sheet.

2...

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On November 9, 2017, the Defendant completed the registration of ownership transfer concerning the instant real estate due to sale on July 19, 2016.

B. On November 26, 2016, the Defendant: (a) entrusted the instant real estate lease-related business to C (the representative D; hereinafter “instant company”); (b) and the instant company with the business affairs, such as the payment of rent during the lease period; (c) the receipt and management of deposit money; (d) the lessee’s color and selection; (e) the lease advertisement; and (e) the management of the lease contract (making of the contract); (c) concluded a business entrustment agreement with the Defendant to pay deposit amount of KRW 10 million to the Defendant and KRW 800,000 per month; and (d) on the same day, the Defendant drafted a power of delegation with the instant company as above.

C. On August 16, 2018, the Plaintiff concluded a contract to lease the instant real estate with E (i.e., the employee of the instant company) and the period from September 10, 2018 to September 9, 2020 (hereinafter “instant lease contract”).

(Name of the lessor’s agent’s name is indicated as “C” and the seal affixed to the name D, and the business registration number column is indicated as “C” and the business registration number is indicated as “C”.

On September 10, 2018, the Plaintiff transferred deposit KRW 50,000,00 to the account under the name of D (C) around September 10, 201, and thereafter occupied the instant real estate from that time.

[Ground of recognition] Facts without dispute, Gap evidence 2, 3, 6, Eul evidence 2 and 4, the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the assertion 1 Plaintiff is that the instant lease agreement is valid upon entering into a contract with the instant company or D, which was delegated by the Defendant pursuant to the instant business consignment agreement, and thus, the Defendant needs to file a claim in advance as it contests the obligation to return the deposit. As such, the instant lease agreement is simultaneously deemed to be valid

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