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(영문) 서울북부지방법원 2020.07.23 2019가단13800
임대차보증금반환
Text

1. The Defendant (Counterclaim Plaintiff) pays KRW 30,000,000 to the Plaintiff (Counterclaim Defendant).

2. The remainder of the plaintiff (Counterclaim defendant).

Reasons

1. Facts of recognition;

A. The Defendant is the owner of Dobong-gu Seoul Metropolitan Government Office Officetel engaging in real estate leasing business including the above Officetel, and D (name E after the opening of the office) was the head of the Defendant who performed the business of lease and management.

B. On August 4, 2018, the Plaintiff: (a) entered into a lease agreement with D on the real estate listed in the separate sheet of Ctel (hereinafter “instant officetel”); (b) as to the leased real estate (hereinafter “the instant officetel”), the Plaintiff deposited KRW 1 million out of the lease deposit with the Defendant’s account on August 10, 2018, and KRW 29 million in total,9,80,000,000,000 for the remainder lease deposit and KRW 80,000,000 for the players management deposit in the name of the Ctel management office; and (c) deposit with the Defendant on August 10, 2018, in the name of the Ctel management office, KRW 29,000,000 for the remainder lease deposit and KRW 80,000 for the players management deposit.

C. D, after the conclusion of the instant lease agreement, changed the lease deposit from KRW 30 million to KRW 10 million, from KRW 30 million to KRW 500,000 in monthly rent from KRW 300,000 to KRW 500,00 in the name of the Plaintiff and the Defendant, who voluntarily prepared the lease agreement from August 4, 2018, and presented it to the Defendant as if it were a genuine lease agreement.

From September 2018 to August 2019, the Plaintiff paid KRW 300,000 per month to the Defendant under the monthly rent under the instant lease agreement.

E. On November 1, 2019, the Plaintiff sent the content-certified mail demanding the return of the lease deposit, as the instant lease agreement has expired to the Defendant on November 1, 2019.

[Reasons for Recognition] Each entry in Gap's Evidence Nos. 1 through 6, 8, 11, Eul's Evidence Nos. 1 through 4 (including paper numbers), and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s assertion by the parties to the instant lease agreement concerning the lease and management of the instant officetel from the Defendant.

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