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(영문) 인천지방법원 2019.01.17 2016가단211537
보증금반환
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. Defendant C and D shall jointly serve as the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. Defendant B is the owner of the instant housing (hereinafter “instant housing”). Defendant C is a licensed real estate agent who runs real estate brokerage business under the name of “H Licensed Real Estate Agent Office” from November 26, 2014 to Jung-gu, Incheon, Jung-gu, and Defendant D served as an intermediary assistant at the said H Licensed Real Estate Agent Office.

B. On May 19, 2015, the Plaintiff entered into a lease agreement with Defendant D, claiming that Defendant D’s agent is the Plaintiff’s agent (hereinafter “instant Housing I”) and entered into a lease agreement with the term fixed from May 21, 2015 to May 20, 2017 (hereinafter “instant lease agreement”), and paid the full deposit amount to Defendant D, and thereafter occupied the instant housing I.

C. On June 16, 2016, in the case of the Incheon District Court Decision 2015Kadan8346, Defendant D, on the following grounds: (a) on June 16, 2016, Defendant D was sentenced to imprisonment with prison labor for eight years for the following facts: (b) “Defendant D was a broker and substantial operator of the H Licensed Real Estate Agent Office, and was entrusted by Defendant B with all acts concerning the conclusion of the monthly rent contract of the instant house; (c) in order to prepare the money and use it for the repayment of personal debt, Defendant B entered into a charter contract with the Plaintiff, etc. and acquired the deposit for the deposit for the deposit.” However, the aforementioned criminal facts

[Grounds for recognition] Evidence Nos. 1, 2, 3, 7, 9, 16, the purport of the whole pleadings

2. Determination as to the main claim against Defendant B

A. The Plaintiff 1) Defendant B granted Defendant D all the power of representation on the lease of the instant housing No. 1 to Defendant D, and thus, the instant lease contract was duly concluded.

The Plaintiff entered into the instant lease contract with Defendant B.

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