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(영문) 서울중앙지방법원 2016.04.19 2015재가단41

건물명도

Text

1. The quasi-Appellants (Respondents) of this case are dismissed.

2. The costs of lawsuit shall be.

Reasons

1. On May 7, 2014, the Defendant (hereinafter “Defendant”) filed an application for the conciliation prior to filing a lawsuit with the lower court against the quasi-Review Plaintiff (hereinafter “Plaintiff”) (hereinafter “Settlement prior to filing a lawsuit”). On June 30, 2014, the Plaintiff’s legal representative C Law Firm C, Attorneys D and the Defendant’s attorney-at-law, who are the Defendant’s legal representative, appeared at the date of the conciliation prior to filing a lawsuit, and made a compromise as indicated in the separate agreement clause, and on the same day, the conciliation protocol was prepared as indicated in the separate agreement clause (hereinafter “instant conciliation”).

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

2. Judgment on the plaintiff's assertion

A. A. Around October 2013, the Plaintiff, who was aware of his store to operate a Kcccking, concluded a commercial lease agreement with the Defendant under the name of the Defendant, who is a person with bad credit standing and is subject to restrictions on financial transactions, and entered into a sublease contract with the Defendant. Around April 2014, the Defendant: (a) required to obtain authentication; and (b) required the Plaintiff to write his name in the said sub-lease contract, and signed by the Plaintiff.

Accordingly, the plaintiff did not read the contents properly and signed the above documents, and later, the above documents were the plaintiff's letter of delegation of litigation (Evidence No. 8) for reconciliation prior to the lawsuit of this case, and the defendant appointed the plaintiff's attorney at will and made a protocol of conciliation in this case more favorable to himself.

As above, the plaintiff knew that the term "reconciliation prior to the filing of a lawsuit", etc. belongs to the defendant and signed the letter of delegation of a lawsuit only to the extent that it is a document necessary for the authentication of the sub-lease contract. Ultimately, there is a ground for retrial falling under the granting of the power of attorney under Article 451 (1) 3 of the Civil Procedure Act.