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(영문) 대전지방법원 2019.11.07 2018가단218103
임차보증금 반환 등
Text

1. The plaintiff's primary claim against the defendant B is dismissed.

2. Defendant C is 23,100,000 won and this shall apply to the Plaintiff.

Reasons

1. Facts of recognition;

A. Defendant B acquired the ownership of a building indicated in the attached list of real estate on April 3, 2017, but completed the registration of ownership transfer on December 29, 2017 to E on December 20, 2017.

Defendant C is a licensed real estate agent registered to establish a brokerage office under the name of the Seo-gu Incheon Metropolitan Government F and H Licensed Real Estate Agent Office. Defendant C is a person who leased the name of Defendant C from Defendant C and registered as a broker assistant of the said H Licensed Real Estate Agent Office through Defendant C, and then runs real estate brokerage business at the above H Licensed Real Estate Agent Office.

The Defendant D Association (hereinafter referred to as the “Defendant Association”) is a mutual aid business entity that entered into a mutual aid agreement with Defendant C (hereinafter referred to as the “instant mutual aid agreement”) with a mutual aid business entity during which the mutual aid period from February 17, 2017 to February 16, 2018 is KRW 100 million (hereinafter referred to as “instant mutual aid agreement”).

B. Defendant B posted on the website of the “J” website that licensed real estate agents would rent Kho Lake (hereinafter “instant house”) from among the buildings listed in the attached real estate list as a monthly rent. After perusal, Defendant B posted a letter as if it was a pre-sale of the instant house on the “L” website.

C. The Plaintiff reported the instant house on the “L” Internet website, and the Plaintiff and I visited the instant house on October 20, 2017 (at that time, I asked Defendant B to enter into a lease agreement with the terms of KRW 33 million as to the instant house, and two years as to the lease deposit and the lease term.

On the same day, the Plaintiff transferred the down payment of KRW 3,300,000 to the account in the name of “M company” (which appears to be the account opened by I).

On October 28, 2017, the Plaintiff visited the H Licensed Real Estate Agent Office, and I visited the Plaintiff, stating that “The Plaintiff shall affix his seal to the contract with the building owner and affixed his seal to it.”

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