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(영문) 창원지방법원 2020.02.11 2018가단115743
임차권확인의 소
Text

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

2. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff)

(a) annex.

Reasons

1. Basic facts

A. C is a person who runs the authorized brokerage business under the trade name of “D Licensed Real Estate Agent Office” in the vicinity of the instant building.

B. The Defendant, as the owner of the instant building, requested C to act as a certified intermediary on the lease of the instant building.

On April 6, 2018, the defendant entered into a lease agreement with the E Licensed Real Estate Agent Office (A Licensed Real Estate Agent C is the representative director of the above company) with the following terms:

(hereinafter “Lease Agreement of the Defendant”). - Lease deposit: 5,00,000 won - Rent: 350,000 won per month (transfer to the F Bank G in the name of the Defendant on the sixth day of April), - Lease Period: April 6, 2018 to April 5, 2019.

On May 21, 2018, the Plaintiff prepared a lease agreement with H, which is the Defendant’s agent at the office of licensed real estate agent C, with respect to the instant building, as follows:

(hereinafter “Plaintiff’s lease agreement”). - Lease deposit: 55,00,000 won - Lease period: May 28, 2018 to May 27, 2019.

On May 21, 2018, the Plaintiff paid KRW 500,000 out of the lease deposit to H, and remitted the remainder of KRW 54,500,000 to the above F bank account under the Defendant’s name, and has occupied the instant building from May 28, 2018 to the present date.

E. However, even before the conclusion of the Defendant’s lease agreement with respect to the instant building, C prepared a lease contract under the terms and conditions of the lease deposit, and did not deliver the lease deposit received from the lessee I to the Defendant, and C has remitted the instant building to the Defendant on a monthly basis.

F. On June 4, 2018, the Defendant received a request for return of KRW 54,500,000, which was remitted from C to the F bank account under the name of the Defendant as of May 21, 2018, by mistake, and subsequently, remitted KRW 54,50,000 to the account under the name of the Plaintiff.

C The above KRW 54,500,000 to the Plaintiff is the name of the return of the deposit to the former lessee I.

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