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(영문) 대구지방법원 2017.05.31 2016나15127
부당이득금반환
Text

1. The plaintiff's appeal is dismissed.

2.In accordance with the claims added at the trial, the Defendant shall pay to the Plaintiff KRW 2,670,520.

Reasons

1. Basic facts

A. On March 10, 2015, the Plaintiff leased (C building 202) Nos. 202 (hereinafter “C building 202”) from the Defendant for lease deposit KRW 40 million, monthly rent (including management expenses) KRW 50,000,000, and the term of lease from April 25, 2015 to April 24, 2017.

(hereinafter “instant lease agreement”). B.

The plaintiff paid the full amount of deposit to the defendant and resided in the C Building 202, and the director came to another place around April 2016 due to the workplace problems.

C. Accordingly, if the Plaintiff seeks a new lessee by requesting a brokerage of No. 202 of the C Building to the Defendant and the real estate brokerage office, the Defendant returned the lease deposit amount to the Plaintiff, but the said brokerage commission was agreed to be borne by the Plaintiff.

On June 1, 2016, the Defendant entered into a new lease agreement with the term of KRW 202,00,000 (2,00,000 won on the date of the contract, and the remaining KRW 38,00,000 on the date of the contract), monthly rent of KRW 50,00,000,000 from July 13, 2016 to July 12, 2017, and the Plaintiff wired KRW 20,000,000 to the Licensed Real Estate Agent F of E-owned on the same day.

E. However, on July 13, 2016, D requested the Defendant to pay only KRW 20 million in advance of the lease deposit amounting to KRW 40 million, and the remainder after one week. The Plaintiff’s transfer from the Defendant must not move into the C Building 202 before receiving the full amount of the lease deposit amounting to KRW 40 million, and the entrance password of the C Building 202 was modified.

F. On July 13, 2016, the Defendant rescinded a new lease agreement on No. 202 between D and D on July 13, 2016, and leased No. 203 of the Daegu-gu C building to D on the same day.

G. The Defendant remitted to the Plaintiff KRW 30 million on March 13, 2017, and KRW 7 million on March 14, 2017, respectively.

【Ground of recognition】An absence of dispute, A’s 1 to 4, and .

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