건물
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. In full view of the following facts: (a) The Plaintiff’s wife entered into a lease agreement with the Defendant on behalf of the Plaintiff on May 16, 2013 with respect to the instant apartment owned by the Plaintiff (hereinafter “instant lease agreement”) on behalf of the Plaintiff; and (b) the Defendant paid a lease deposit of KRW 75 million on May 31, 2013 and was living in the instant apartment in accordance with the instant lease agreement.
2. The parties' assertion
A. Plaintiff’s assertion: Since the instant lease agreement concluded by D, an unauthorized representative, is null and void, the Defendant, who occupies the instant apartment, is obligated to deliver the instant apartment to the Plaintiff as the owner, and to return the money calculated by the ratio of KRW 700,000 per month from June 1, 2013 to the date the delivery is completed.
B. Defendant’s assertion: The Plaintiff granted D the right of representation regarding the instant lease agreement, as well as the instant lease agreement belongs to the scope of daily home life, D is a legitimate agent.
Even if it is not so, it is established as a expression agent based on the basic right of representation, so it is impossible to respond to the plaintiff's request.
3. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 and Eul evidence Nos. 1 through 3, and 5 (including paper numbers), D, on behalf of the plaintiff, concluded a lease agreement on the apartment of this case on November 21, 2003 on behalf of the plaintiff and received lease deposit, rent, etc. from the plaintiff until entering into the lease agreement of this case on May 16, 2013; ② D, on behalf of the plaintiff, used the lease deposit or rent for repayment of the principal and interest borrowed from the purchase fund of the apartment of this case; ③ The plaintiff raised any objection against the lessee of the apartment of this case prior to filing the lawsuit of this case on October 24, 2014.