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1.(a)
The contract was concluded between the defendant and the non-party D on September 20, 2014 with respect to E 231.5 square meters in Osan-si.
Reasons
1. Determination as to the existence of a preserved right
A. The facts of recognition 1) F is 10 studio buildings (total 292 rooms; hereinafter collectively referred to as the “instant buildings”) located in the H from around 2007 in the Osan-si H.
(2) On May 21, 201, 201, the Plaintiff’s wife A and his/her father, who succeeded to the instant building, opened an office in the H and leased and manage the said building. The F, while leasing and managing the instant building, transferred the lease deposit, monthly rent, monthly rent deposit, etc. received from lessees to G, and reported the current status of lease and settlement of accounts, etc., and upon the death of G on December 30, 2012, D continued to perform the previous business upon delegation of the aforementioned entrustment and management duties from the Plaintiff’s wife A and his/her father, who succeeded to the instant building. (2) D obtained qualification as a licensed real estate agent, and registered the establishment of a licensed real estate agent’s office in the said F’s office as a brokerage assistant for the purpose of concluding a lease agreement on the instant building. From April 12, 2013, D reported the establishment of the title “J Licensed Real Estate Agent’s office” as a brokerage assistant.
3) While managing the instant building from around December 20, 201 to July 5, 2014, F entered into a lease agreement with a deposit of KRW 23 million to KRW 30 million, as if it entered into a guarantee monthly rent agreement with a deposit of KRW 300,000 to KRW 30,000,000, monthly, or KRW 3000,000,000, or as if it entered into a lease agreement with a deposit of KRW 300 or KRW 500,000,000, the difference of the deposit and the monthly rent received after reporting it to the public room as the monthly rent of KRW 300 or KRW 500,00,00,000, in personal use, F embezzled the difference in the deposit and KRW 526,6,000,00,000 as to the Plaintiff’s building and KRW 588,00,000,00,00.
4) F is the embezzlement of this case.