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(영문) 의정부지방법원 2020.09.09 2019가단21750
임대차보증금
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

Basic Facts

On November 24, 2011, the Plaintiff entered into a lease contract with the Defendant E, who was the owner of the instant housing, by setting the lease deposit of KRW 120 million and the lease deposit of KRW 120 million from February 24, 2012 to February 23, 2014. The lessor column of the lease contract prepared at the time of the lease contract includes the name and resident registration number of the Defendant C, who was the owner of the instant land as the joint lessor.

(hereinafter “instant lease agreement”). By February 7, 2012, the Plaintiff paid KRW 120 million to E the lease deposit.

On February 7, 2012, the Plaintiff filed a move-in report with the instant house, and reported the move-in to another place on August 20, 2014.

On the other hand, with respect to the instant land and building, the registration of transfer of F’s ownership on April 18, 2012, and the registration of transfer of G’s ownership on August 20, 2014 were made in sequence.

[Grounds for recognition] In the absence of dispute, Gap evidence Nos. 1, 3, 5, 6, and 8 were stated, the summary of the plaintiff's assertion by the parties concerned as to the purport of the whole pleadings, and Eul entered into a partnership agreement with the defendants to enter into a lease agreement by newly constructing a pent, or selling a pent and then appropriate profits for the payment of the construction cost, and Eul constructed a total of five bonds including the housing of this case in accordance with the partnership with the defendants.

The instant lease agreement is designed to receive a security deposit from the Plaintiff and appropriate funds for the repayment of partnership obligations, such as construction costs, and E is a partner who executes overall affairs concerning the same business, including the instant lease agreement.

Therefore, in accordance with Article 709 of the Civil Code, E has the right to represent the conclusion of the instant lease contract.

The Defendants use the instant land and housing by the Plaintiff, which entered into the instant lease agreement with E.

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