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(영문) 수원지방법원 2015.09.17 2014가단533575
보증금반환
Text

1. Defendant B shall pay to the Plaintiff KRW 33,000,000.

2. The plaintiff's remaining primary claims against the defendant B.

Reasons

Basic Facts

On July 7, 2005, the husband of Defendant B and his husband succeeded to 1/2 shares of Defendant B, who completed the registration of ownership transfer on each of the four-story detached houses of F-based reinforced concrete structure (refinite), concrete branch, roof (hereinafter “instant building”) and died on or around September 5, 2008, Defendant B succeeded to 1/2 shares of E.

On May 19, 201, the Plaintiff concluded a lease agreement between Defendant C’s wife G and Defendant C’s 406 regarding the instant building as the agent of Defendant B (hereinafter “instant lease agreement”) with the lease deposit amounting to KRW 33 million and the lease deposit amount from May 22, 2011 to May 21, 2013 (hereinafter “instant lease agreement”), and paid all the lease deposit in accordance with the direction of the said G.

[Ground of recognition] In the absence of dispute, Gap Nos. 1, 2, and Eul Nos. 1 (including each number, if any), and the plaintiff's assertion as to the claim (main claim) against the defendant B to the purport of the whole pleadings, the above G obtained from the defendant Eul all the power of representation regarding the conclusion of the lease contract and the receipt of the lease deposit, including the lease contract in this case as to the building in this case. Thus, the lease contract in this case is effective against the defendant Eul.

Inasmuch as the instant lease agreement terminated on May 21, 2013 as the expiration date, Defendant B is obligated to pay the Plaintiff the lease deposit amount of KRW 33 million and its delay damages.

Judgment

In full view of each of the above evidence, evidence Nos. 5 and 8, the following facts can be acknowledged.

Defendant C and the above Eul managed the building of this case from around 2004. However, around July 2005, Defendant C and the above Eul purchased the building of this case from Defendant C’s model around July 2005. Defendant C and the above G were in charge of the lease and management of the building of this case. Defendant C and the above G were in charge of the building of this case. Defendant C and the above G were in charge of the lease and management of the building of this case. Even after the death of Party B, Defendant C and the above G entered into a lease agreement and the lease deposit received.

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