임대차보증금반환
1. The defendant shall deliver the building stated in the attached list from the plaintiff to the plaintiff at the same time, and at the same time, KRW 50,000,000 to the plaintiff.
1. Basic facts
A. On February 1, 2011, between B and B, the Plaintiff concluded a lease agreement between February 20, 201 and the lease deposit amounting to KRW 50,00,000 (hereinafter “instant lease agreement”) with respect to the building indicated in the separate sheet owned by the Defendant (hereinafter “instant building”) with the lessor as the lessor.
B. On February 20, 201, the Plaintiff paid 5,000,000 won of the down payment, and 45,000,000 won of the remainder deposit to the bank account in the name of each Defendant (Account Number C; hereinafter “instant Defendant account”) on the day of the contract, and paid all the deposit.
[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 3 (including each number), the purport of the whole pleadings
2. The plaintiff's assertion
A. The Plaintiff lawfully concluded the instant lease agreement with B, who obtained the power of representation from the Defendant regarding the conclusion of the instant lease agreement.
B. Furthermore, even if the Plaintiff did not have the authority to conclude the instant lease agreement on behalf of the Defendant on behalf of the Defendant, the Plaintiff believed that B had the authority to conclude the instant lease agreement with respect to the management, etc. of the instant building, and there was justifiable reason to believe such agreement.
C. In addition, after becoming aware of the fact that the instant lease contract was concluded between the Plaintiff and B, the Defendant ratified the instant lease agreement by failing to raise any objection to the Plaintiff.
Therefore, the Defendant bears the duty to return the lease deposit upon the termination of the instant lease agreement. As such, the Defendant shall return the lease deposit to the Plaintiff 50,000,000 won due to the delivery and simultaneous performance of the instant building, as sought by the Plaintiff.
3. Determination
A. B is examined as to whether the Defendant was authorized to conclude the instant lease agreement, and the evidence submitted by the Plaintiff alone.