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(영문) 대전지방법원서산지원 2019.03.19 2018가단5104

부당이득금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The facts below the basic facts do not conflict between the parties, or recognize Gap evidence Nos. 1 to 3 and Eul evidence No. 2 by integrating the whole purport of the pleadings.

The plaintiff is the wife C, and the defendant is the owner of the third floor accommodation building (Inn) located on the ground of Pyeongtaek-si D (hereinafter referred to as "inn building of this case").

B. On November 20, 2017, C concluded a lease agreement (hereinafter “instant lease agreement”) with the Defendant and the instant leisure building by setting a deposit of KRW 50,000,000 for the said building, monthly rent of KRW 4,00,000 (value-added tax separate), and the period from November 20, 2017 to November 19, 2019 for the said period.

C. From the account under the Plaintiff’s name, KRW 50,00,000 was paid to the Defendant, and C was from December 19, 2017 and January 20, 2018.

6. By the end of 20.20, 400,000 won were paid every month as the monthly rent.

The Plaintiff is registered as a lodging business entity of the instant leisure building.

2. Although the Plaintiff’s assertion did not confer the power of representation to C, C concluded the instant lease agreement by misrepresenting that it is the Plaintiff’s agent. The Defendant, asserting that C is the Plaintiff’s agent, did not confirm whether the delegated person and the delegated person’s writing were the same as the Plaintiff’s agent and cannot be seen as a legitimate agent. However, it was highly erroneous for C to conclude the instant contract without confirming whether the Plaintiff, the Plaintiff

Therefore, the lease contract of this case is invalid as a invalid contract concluded by an unauthorized Agent. Therefore, 50,000,000 won paid to the Defendant from the Plaintiff pursuant to the above lease contract must be returned to the Plaintiff.

3. In full view of the facts as seen earlier and the evidence underlying the recognition thereof, as well as the purport of the entire pleadings, C presented the power of attorney prepared in the name of the Plaintiff to the Defendant, and C, respectively. < Amended by Presidential Decree No. 28010, Dec. 1, 2017