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Reasons
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(영문) 수원지방법원 2016.04.08 2015가단58064
임대차보증금반환
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The fact-finding fact-finding 【Evidence' 1, A2, A3, B1, B4, the witness C and the head of the Dong, and the purport of the whole pleadings;

A. The Defendant requested the broker F to lease the instant building as the owner of Suwon-si E 201 (hereinafter “instant building”).

B. On April 18, 2013, a lease agreement was concluded between the Plaintiff and the Defendant to lease the instant building with the terms of KRW 42 million, period from May 4, 2013 to May 4, 2015, and KRW 30,000 per month for management expenses.

On the other hand, the plaintiff was directly present at the time of preparation of the contract, but the defendant did not attend.

After drawing up a contract, the defendant found in the brokerage office with F contact with F, affixed the defendant's seal in the lessor's column, and the F talks with the defendant that the lessee would reside in the lessor's office.

C. Although the Defendant called to the telephone number (G) stated in the lease contract before the lessee moves to the tenant, H received a telephone from the Plaintiff, other than the Plaintiff, and H said to be expected to move to the building of this case.

On the date of the contract, the Plaintiff gave F KRW 400,000 out of the deposit.

Meanwhile, from his/her account to H’s national bank account on April 22, 2013, the Plaintiff transferred KRW 3.5 million on May 2, 2013, KRW 22 million, and KRW 16 million on May 2, 2013 to the Defendant’s account. On April 22, 2013, the Plaintiff deposited KRW 3.6 million on three occasions in the Defendant’s name, KRW 18 million on three occasions, and KRW 2 million in the name of H on May 3, 2013, KRW 6 million in the name of H on three occasions, and KRW 6 million in the name of May 3, 2013, KRW 6 million in the name of H, KRW 4 million in the name of May 5, 2013, KRW 5 million in the name of H.

E. H moved into the instant building on May 4, 2013; obtained a fixed date from May 6, 2013 in the lease agreement; and completed a resident registration transfer report on March 24, 2014.

H transferred 60,000 won to the Defendant on July 17, 2013 after the occupancy.

2. The Parties.

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