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1. Revocation of the first instance judgment. A.
Defendant B shall pay to the Plaintiff KRW 50,000,000 and its full payment from October 6, 2016.
Reasons
1. In the first instance trial, the Plaintiff filed a claim for damages equivalent to the refund of the lease deposit or the deposit money, as seen below, with the primary Defendant B and the preliminary Defendant as the Defendant C and the Korean Licensed Real Estate Agent Association.
While receiving the claim for return of the lease deposit against Defendant B, the first instance court did not render judgment on the part of the claim against the conjunctive Defendant C and the Korean Licensed Real Estate Agent Association (the claim for damages equivalent to the lease deposit) in violation of Article 70(2) of the Civil Procedure Act.
On the other hand, the part of the claim against the conjunctive defendant C and the Korean Licensed Real Estate Agent Association was reviewed and the scope of the judgment of this court was reached.
2. Basic facts
A. On November 14, 2013, Defendant B completed registration of initial ownership relating to the buildings listed in the separate sheet (hereinafter “instant housing”).
B. On February 21, 2014, the Plaintiff concluded a lease agreement with Defendant C, who is the agent of Defendant B, to lease the instant house with the term fixed from March 1, 2014 to March 1, 2016 (hereinafter “instant lease agreement”).
The Plaintiff paid 5,000,000 won for down payment to Defendant C, and 45,000,000 won for the remaining lease deposit to Defendant C.
C. At the time of the instant lease agreement, the Plaintiff received a letter of delegation (Evidence A2; hereinafter “instant letter of delegation”) under the name of Defendant B and a certificate of personal seal impression issued on December 6, 2013 by the head of Chungcheongnam-do, Chungcheongnam-do, the petitioner of the case (hereinafter “instant certificate of personal seal impression”).
The plaintiff notified Defendant C of his intention not to renew the lease term before the lease term expires.