(영문) 수원지방법원 2015.08.21 2014나42131

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(영문) 수원지방법원 2015.08.21 2014나42131

임대차보증금

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. 1) The Plaintiff’s mother C entered into a lease agreement on behalf of the Plaintiff and the Defendant on February 16, 2012, setting the lease deposit amount as KRW 160 million by February 15, 2013, and setting the lease deposit amount as KRW 160,000,000,000 for the Plaintiff’s Etel 1408 (hereinafter “instant officetel”).

2) A lease agreement to lease (hereinafter “instant lease agreement”)

(2) On the same day, all of the above lease deposit 160 million won was paid to the Defendant. (2) On the other hand, the special terms and conditions of the instant lease agreement are as follows.

The terms and conditions of the moving-in report for special terms and conditions, and the terms and conditions of the moving-in report for the present facilities (at present, the lessee is in the present position of options). The lessor is bound by the lessee to accept the terms and conditions that have been leased by the options, so that the lessee consents to sub-lease for pool options, and all managements are Freal estate G.

B. After the termination of the instant lease agreement, on January 24, 2012, the Defendant entered into a lease agreement with the new lessee, setting the lease deposit amount of KRW 160 million with respect to the instant officetel. (2) However, G, an employee of the F Licensed Real Estate Agent Office who arranged the said lease agreement between the Defendant and H, received the down payment of KRW 16 million, which the Defendant shall return to the Plaintiff.

3) After February 2, 2013, the Defendant received KRW 1440 million from H, and transferred it to one bank account in the name of the Plaintiff’s mother C under the name of return of the instant lease deposit. 4) On February 15, 2013, the expiration date of the instant lease term, the Plaintiff handed over the instant officetel to the Defendant on February 15, 2013.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 5, Eul evidence No. 3, and witness G of the first instance trial.

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