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(영문) 수원지방법원평택지원 2017.06.01 2016가단11092
임대차보증금반환
Text

1. The defendant shall pay 100,000,000 won to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Basic facts

A. On August 18, 2014 (as of August 15, 2014, the lease contract) the Plaintiff leased the land and the building on land owned by the Defendant (hereinafter “each of the instant real estate”) from Ansan-si (as of August 15, 2014, KRW 100,000 (in the case of a contract, KRW 10,000,000,000,000 for the payment of the deposit, the balance, KRW 90,000,00 for the contract, the payment on August 20, 2014), KRW 50,000 for the rent, and the lease period from September 20, 2014 to September 19, 2016. The lease contract (hereinafter “instant lease contract”) drafted at the time was entered as the lessor’s agent, and only D’s seal was affixed.

B. The terms of the instant lease agreement include the following: “Lessee shall consult with the delegated person (D) in the event of any change in internal and external facilities (number, fish farm, etc.) during the contract period, and recover at his own expense when damage occurs. The account number No.C. (D) and the entire registered matters to be registered are the provisional registration of the right to claim transfer of ownership (D). The term “The right to claim transfer of ownership is confirmed by delegation, certificate of personal seal impression, and identification card by the representative of the owner B (Defendant).”

C. The Plaintiff transferred KRW 100,000,000 to D’s account.

[Ground of recognition] Facts without dispute, Gap evidence 1-1-2, Gap evidence 2-2, witness F's testimony, purport of whole pleadings

2. The parties' assertion

A. The Plaintiff concluded the instant lease agreement with the lessor as the Defendant via the agent D delegated by the Defendant. Since the lease term expires on September 19, 2016, the Defendant is obligated to return the lease deposit to the Plaintiff.

B. On January 14, 2014, the Defendant entered into an exchange contract with D and the Defendant to exchange real estate in the instant case owned by G and H and Silung-si owned by D, and on February 19, 2014, with regard to each of the instant real estate on February 19, 2014.

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