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(영문) 대전지방법원천안지원 2016.09.21 2016가단102401
보증금반환
Text

1. The Defendants jointly pay KRW 22,000,000 to the Plaintiff.

2. The costs of lawsuit are assessed against the Defendants.

3...

Reasons

1. Basic facts

A. On March 29, 2007, Defendant B completed the registration of transfer of ownership based on sale as to D-Dong (hereinafter “instant building”).

Defendant C is a person who has worked as an intermediary at the G Licensed Real Estate Agent Office located in the G Licensed Real Estate Office located in the Asia-si operated by E.

H is a brokerage assistant employed by Defendant C.

B. On July 26, 2013, the Plaintiff entered into a lease agreement with Defendant C, claiming that Defendant C is an agent of Defendant B, with regard to the building 101, with regard to the lessor B, the lease deposit amounting to KRW 22 million, and the lease term from August 14, 2013 to August 13, 2015 (hereinafter “instant lease agreement”). At that time, the Plaintiff paid KRW 22,00,000 as the lease deposit to Defendant C.

C. On April 28, 2016, Defendant C was sentenced to five years of imprisonment with prison labor for occupational embezzlement, fraud, fabrication, or uttering of a falsified document in the Daejeon District Court’s Incheon District Court’s Support on the following grounds: (a) he/she was delegated by Defendant B with all acts concerning the conclusion of the instant building lease agreement, and was engaged in the recruitment of tenants, receipt of deposit money, and repayment of deposit money to tenants upon expiration of the lease term; and (b) he/she embezzled KRW 20 million out of the deposit money received after concluding the instant lease agreement with the Plaintiff; and (c) was currently pending in the appellate trial.

On June 10, 2015, the Plaintiff did not renew the instant lease agreement to Defendant B. Accordingly, on August 13, 2015, the Plaintiff sent a certificate of content that the Plaintiff would return the lease deposit upon expiration of the period and request the return of the lease deposit, and around that time, the certificate of content was delivered to the Defendant.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 4, 8, 9, 10, 11, 12, Eul evidence No. 1 (including each number for additional evidence), Eul's witness C's partial testimony, and the purport of the whole pleadings

2. Determination as to the claim against the defendant B

A. The plaintiff's assertion 1 as to the building of this case from the defendant B is managed by the defendant C.

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