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(영문) 서울남부지방법원 2015.09.11 2015나52454
임대차보증금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On November 25, 201, the Plaintiff entered into a lease agreement with C, the agent of the Defendant, setting the lease deposit amount of KRW 15 million, from November 25, 201 to November 24, 2013 (hereinafter “instant lease agreement”) with respect to the lease deposit of KRW 204,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00

B. From August 2013, the Plaintiff expressed his/her intent to refuse the renewal of the instant lease agreement to C, and requested C to refund KRW 15 million upon the expiration of the lease period, and C did not fully refund the lease deposit to the Plaintiff.

C. On February 12, 2014, the Seoul Southern District Court 2014Kao359 (Seoul Southern District Court 2014, the Plaintiff completed the registration on March 10, 2014 upon receipt of the house lease registration order related to subparagraph 204 of the instant building, and retired from the instant building No. 204 on March 12, 2014.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. The assertion and judgment

A. 1) The plaintiff's assertion 1) The defendant's Dong living together with the defendant entered into the instant lease agreement as the defendant's legitimate representative, and even if there was no right of representation to enter into the instant lease agreement to family members C, the defendant is obligated to pay the plaintiff the lease deposit amount of KRW 15 million under the instant lease agreement and damages for delay thereof. 2) The defendant's assertion that the defendant did not grant any authority related to the instant real estate to C, and there is no justifiable reason to believe that C has the right of representation, due to gross negligence, such as not confirming the defendant's right of representation at the time of entering into the instant lease agreement, and there is no justifiable reason to believe that C has the right of representation.

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