beta
Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. On January 8, 2013, the Plaintiff entered into a lease agreement between C and Seocho-gu Seoul (hereinafter “instant building”) to lease KRW 90,000,000 from January 10, 2013 to January 9, 2014 (hereinafter “instant lease agreement”). At that time, the Plaintiff paid KRW 90,000,000 to C the said lease deposit.
B. At the time of the instant building, the maximum debt amount of KRW 183,600,00 was set up, but C did not implement the instant lease agreement, despite having agreed to repay KRW 50 million out of the secured debt of the said right until February 13, 2013 at the time of the instant lease agreement.
C. On April 28, 2013, the Plaintiff asserted the issue of collateral security to F (the “E Licensed Real Estate Agent Office” located in the Seocho-gu Seoul Metropolitan Government International Apartment Building 1, along with H) that arranged the instant lease agreement, and on April 28, 2013, F stated “the full amount of the deposit prior to maturity shall be returned from E Real Estate” in the instant lease agreement, and attached the name of the E Licensed Real Estate Agent Office indicated by the Defendant as the representative and the seal of the Defendant, and then delivered the lease agreement (No. 1) to the Plaintiff.
After that, C did not refund the lease deposit to the Plaintiff even though the lease contract of this case expired due to the expiration of the term.
E. Meanwhile, the Defendant passed the 23th qualifying examination for licensed real estate agents implemented in 2012, and acquired the qualification for licensed real estate agents on February 14, 2013. On January 15, 2013, the Defendant concluded a lease agreement with H to lease the store of “E Licensed Real Estate Agent Office” at KRW 10,000,000, monthly rent of KRW 500,000 from February 25, 2013 to February 25, 2015, and completed the registration of establishment and business in the name of “E Licensed Real Estate Agent Office” at the same place as “E Licensed Real Estate Agent Office” on March 6, 2013.
[Reasons for Recognition] Unsatisfy, Gap 1, 3 evidence, Eul 1 to Eul.