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(영문) 대전지방법원천안지원 2020.09.29 2020가단101559
보증금반환
Text

1. The Defendants jointly do so at the same time with the delivery of the real estate stated in the separate sheet by Defendant B from the Plaintiff.

Reasons

1. Facts of recognition;

A. On January 26, 2017, Defendant B registered the transfer of ownership based on sale on December 22, 2016 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. On January 15, 2017, Defendant B confirmed the fact of the lease agreement with respect to the instant real estate, including the lease-related business, the payment of rent during the lease guarantee period, the deposit money and the management thereof, the lessee’s physical color and selection, the advertisement of lease, the management of the lease contract (form of the contract), etc., and issued to Defendant B the power of delegation to the Co., Ltd. of authority to inspect and visit all the lease-related matters, as well as the power of delegation.

C. On February 14, 2017, the Plaintiff entered into a lease agreement with Defendant B, which is 60,000,000 won for the instant real estate, monthly rent of KRW 150,00,00 for the lease deposit, from April 23, 2017 to April 22, 2018 (hereinafter “instant lease agreement”). At that time, the Plaintiff occupied and used the instant real estate after paying the deposit deposit to Defendant B, which was handed over.

From April 22, 2017 to December 22, 2017, the Plaintiff remitted the amount of money to the deposit account of the Defendant-in-charged Co., Ltd., and from January 22, 2018 to April 21, 2019, the amount of remittance of KRW 150,000 from April 21, 2019 to April 22, 2019 is the difference from April 23, 2019 to May 22, 2019.

up to now, remittance was made to the deposit account in D(C).

E. At the time of the conclusion of the instant lease agreement, the Defendant LAC entered the agreement between the Plaintiff and the Plaintiff that “the liability for the refund of the deposit shall be assumed to be responsible in the Defendant LAC,” and the said content in the column for the terms of the instant lease agreement.

(hereinafter referred to as the “instant special agreement”). [The grounds for recognition] The fact that there is no dispute, each entry of Gap evidence Nos. 1 through 6, and 9 (including provisional number; hereinafter the same shall apply), and the purport of the whole pleadings.

2. According to the above facts of determination as to the cause of the claim, the instant lease term is extended after renewal.

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