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(영문) 의정부지방법원 2016.12.22 2015나9821
임대차보증금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

2...

Reasons

1. Presumed facts

A. On June 20, 2013, the Defendant, such as the Defendant’s purchase of the instant apartment, purchased three apartment bonds, including Suwon-si Seoul Apartment-gu Seoul Apartment-gu (hereinafter “instant apartment house”) from the Suwon Comprehensive Construction Co., Ltd. (hereinafter “Seoul-si Comprehensive Construction”), and completed each registration of ownership transfer as to the said three apartment bonds around July 2, 2013.

On July 2, 2013, the Defendant drafted a power of delegation (hereinafter referred to as “instant power of delegation”) stating that “The Defendant, from July 2, 2013 to July 1, 2016, shall delegate all the powers concerning the lease and management of the said apartment bonds, including the conclusion of a lease agreement, the receipt of rent, etc., to the said apartment bonds.”

On the same day, the Defendant entered into a lease contract with the term fixed from July 2, 2013 to July 1, 2016, on the lease deposit amount of KRW 5,000,000, monthly rent of KRW 600,000, and the term of lease.

B. On December 16, 2013, the Plaintiff, including the Plaintiff’s lease of the instant apartment and the payment of deposit, entered into a lease agreement with the following terms: (a) the comprehensive construction of the instant apartment and the instant apartment as the lease deposit amount of KRW 5,00,000, monthly rent of KRW 600,000 (prepaid on December 16, 201), and from December 16, 2013 to December 15, 2014 (hereinafter “instant lease agreement”).

The Dobong General Construction delivered the letter of delegation of this case to the plaintiff while preparing the above lease contract.

On December 2, 2013, the Plaintiff paid KRW 5,000,000 to the account of the former lessee D of the instant apartment.

On the other hand, the plaintiff delivered the apartment of this case to the defendant around June 13, 2014.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 2 are recognized as being based on the entry of No. 2, testimony of witness E and the purport of the whole pleadings, and thus, the following stamp image of the defendant's name is based on the seal of the defendant.

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