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(영문) 수원지방법원 2018.10.19 2018가단504940
임대차보증금
Text

1. The Plaintiff:

A. Defendant B’s KRW 73,097,222 as well as 5% per annum from August 1, 2017 to March 7, 2018.

Reasons

1. Facts of recognition;

A. On July 14, 201, D entered into a lease agreement with the Korea Land and Housing Corporation and the Suwon-si E Apartment-gu, Suwon-si (hereinafter “instant apartment”) on the instant apartment housing F (hereinafter “instant apartment”), which is the public rental housing (hereinafter “instant lease”), and issued a lease agreement after receiving KRW 3,000,000 from the person who was not the party’s name. Around July 14, 201, D provided cooperation in the process of transferring the instant lease right to a designated person or sublet the instant apartment.

B. Defendant B received documents from the above person in bad name to request D to cooperate with the procedure for the transfer of the right to lease on a deposit basis, and D made a false move-in report as if he moved in the apartment of this case on or around February 10, 2012, and transferred the right to lease of this case to Defendant B around that time.

C. Defendant B, who is an employee of the G Licensed Real Estate Agent Office’s employee, gave a sub-lease to Defendant C, and Defendant C, on March 3, 2015, concluded a sub-lease contract with the Plaintiff and the instant apartment from March 16, 2015 to March 16, 2017, by setting the deposit amount of KRW 90,000,000, and the period from March 16, 2015 to March 16, 2017.

(hereinafter “the sub-lease of this case”) D.

On February 27, 2015, the Plaintiff paid to Defendant C KRW 90,000,000, and KRW 4,000,000 on March 3, 2015, and KRW 81,00,000 on March 16, 2015, respectively, paid to Defendant C totaling KRW 90,00,000 in the instant sublease deposit.

E. Defendant C paid KRW 1,700,000 to the former lessee H on March 12, 2015, and KRW 70,000,00 on March 16, 2015, and KRW 10,00,00 on March 17, 2015, respectively.

F. From March 16, 2015, the Plaintiff resided in the instant apartment from around March 16, 2015, and was subject to deportation from the Korea Land and Housing Corporation around May 2017, and around that time, Defendant B became aware that he was a de facto lessee, and requested Defendant B to return the instant sub-lease deposit.

G. On June 29, 2017, the Plaintiff’s KRW 849,680, and July 2017.

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