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(영문) 청주지방법원 2014.10.01 2014가단150165
임대보증금 반환 등
Text

1. The plaintiff's claim against the defendant B is dismissed.

2. Defendant C and D are subject to KRW 65,00,000 for each Plaintiff.

Reasons

1. Basic facts

A. The Defendant Company is an owner who completed the registration of ownership transfer on November 2, 2009 with respect to a building on land of 388.9 square meters in Cheongju-gu E, Seo-gu, Chungcheongnam-gu (hereinafter “the instant officetel building”), an aggregate building, such as real estate in the attached list.

B. On September 16, 2010, the Defendant Company: (a) sold the instant instant officetel building to F, an incorporated association representing Defendant D, for KRW 2.9 billion; (b) concluded a sales contract with F, an incorporated association, to pay the remainder of KRW 1.177 billion by acquiring the obligations, etc. owed by the Defendant Company with respect to the instant officetel building by taking over the obligations, etc. owed by the Defendant Company with respect to the instant officetel building; (c) until December 31, 2010, the F, an incorporated association, created a collateral security right under the name of the Defendant Company with respect to the relevant real estate and commercialized it within five months thereafter (hereinafter the instant sales contract).

C. On June 9, 2012, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant D and Defendant C, a licensed real estate agent, under which the Plaintiff rents real estate indicated in the separate sheet from the Defendant Company as KRW 65 million from June 24, 2012 to June 23, 2014, with the term of lease fixed from June 24, 2012.

Accordingly, on June 22, 2012, the Plaintiff paid KRW 10 million as a check to Defendant D on the date of the contract, and deposited KRW 55 million in the bank account (Account Number G, hereinafter the Defendant Company account) in the name of the Defendant Company, and paid the full amount of the lease deposit.

At the time of the formation of the instant lease agreement, the letter of delegation in the name of the Defendant Company was not accompanied by the personal seal impression of the Defendant Company.

【Ground for recognition】 The fact that there has been no dispute, Gap 1, 2, 4, Eul 1, Eul 2-1, Eul 2-2, and the purport of the whole pleadings

2. Determination as to the claim against the defendant company

A. The Plaintiff’s assertion 1 is the same as the instant lease agreement from the Defendant Company.

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