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1. The plaintiff's main claim is dismissed.
2. Defendant C and D jointly share KRW 40,000,000 to the Plaintiff.
Reasons
1. Basic facts
A. Defendant B is the owner of a three-story multi-use house in Jung-gu Incheon, Jung-gu (FBD; hereinafter “instant real estate”). Defendant C is a licensed real estate agent, who operates the “G Licensed Real Estate Agent Office”, and Defendant D works as a brokerage assistant of Defendant C at the above office.
B. On October 19, 2015, the Plaintiff entered into a lease agreement (the lease agreement) with Defendant D with the terms that it leases KRW 305,00,000 among the instant real estate from Defendant B during the period from October 19, 2015 to October 18, 2017 (hereinafter “instant lease agreement”).
A) On the same day, around 11:03, Defendant D remitted KRW 40,00,000 to the bank account (H) in the name of Defendant D. However, at the time, Defendant D was delegated by Defendant B to enter into a lease agreement in the form of monthly rent on the instant real estate, and was not delegated to enter into a lease agreement in the form of monthly rent.
3) Nevertheless, Defendant D had concluded the instant lease contract between the Plaintiff as if he was delegated by Defendant B with the signing of the lease contract. Defendant D had concluded the instant lease contract between the Plaintiff and Defendant B, as if the lease contract was concluded between the Plaintiff, with the term “3,000,000 won in deposit,370,000 won in monthly rent, and the term from October 19, 2015 to October 18, 2016,” Defendant D arbitrarily prepared “the lease contract dated October 21, 2015” and delivered it to Defendant B. C. Defendant D’s criminal punishment as seen above was committed by deceiving the Plaintiff as well, and obtained the lease deposit by deceiving the Plaintiff and using the “the lease contract on October 21, 2015” as various criminal facts, including the act of forging the lease contract and using it. Defendant D was guilty of all charges, fraud, fraudulent documents, and the use of the said investigation documents, etc., and Defendant D’s charges against Defendant B, Defendant 2616,636,2816.