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(영문) 서울남부지방법원 2018.06.19 2017가단202320
임대차보증금
Text

1. The defendant's delivery from the plaintiff of Guro-gu Seoul, Guro-gu and E Ground F Buildings G, simultaneously with the plaintiff 11,036.

Reasons

1. Facts of recognition;

A. In around 2004, the Defendant is the owner who newly constructed the aggregate building of the Guro-gu Seoul Metropolitan Government and E Ground F Building (hereinafter “instant building”) and completed registration of ownership preservation. Since the construction of the instant building from around 2004 to February 2014, the Defendant delegated management affairs, such as management expenses, public charges settlement, unpaid monthly rent settlement, etc., of the instant building to H.

(2) The Plaintiff is a person residing in the building G of this case from October 10, 209.

B. (1) On September 26, 2009, the Plaintiff entered into a lease contract between the Plaintiff and the Defendant’s representative H with respect to the instant building G, which is owned by the Defendant, with respect to KRW 55 million as the lease deposit, and the lease contract between October 10, 2009 and October 9, 2010 (hereinafter “instant lease contract”).

The Plaintiff paid KRW 5 million to the licensed real estate agent I who arranged the instant lease contract on the day of the contract, and on September 28, 2009, paid KRW 5 million down payment by having I deliver the down payment to H on September 28, 2009.

The lessor of the above lease contract was signed after H signed and signed to the effect that the name of the Defendant is stated, the H’s seal is affixed next to it, and that H received the down payment of KRW 5 million on September 28, 2009.

(2) On October 1, 2009, with respect to H and building G of the instant building on behalf of the Defendant, the Plaintiff drafted a new lease agreement (Evidence No. 3, hereinafter “instant contract”) with the same content as the instant provisional contract with respect to the instant building G.

(hereinafter referred to as “the lease contract of this case.” In the context of the lease contract of this case, the lessor’s name and the next side of the Defendant indicated “H” and affixed the Defendant’s seal affixed thereto.

(3) On October 10, 2009, the Plaintiff deposited the deposit amount of KRW 50 million in the J bank account (K) with H on October 10, 2009, and on October 10, 2009.

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