임대차보증금
1. All claims filed by the Plaintiff (Counterclaim Defendant) are dismissed.
2. The Plaintiff (Counterclaim Defendant) is against the Defendant (Counterclaim Plaintiff).
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On March 17, 2003, the Defendant completed the registration of ownership transfer as to the real estate listed in the separate sheet (hereinafter “instant officetel”) among the Busan Jin-gu Ctel (hereinafter “instant officetel”).
B. The Plaintiff occupies the instant subparagraph D from January 20, 2016.
[Ground of recognition] Unsatisfy, entry of Eul evidence 1, purport of whole pleadings
2. Determination on the main claim
A. (1) On January 20, 2016, the Plaintiff’s summary of the Plaintiff’s assertion is a lease agreement under which the Plaintiff leases each of the instant subparagraph (hereinafter “the instant lease agreement”) with the term from January 20, 201 to January 19, 2016, by setting the lease deposit amount of KRW 35,000,000, and the term of lease from January 20, 2016 to January 19, 2018, via the accounting staff of the instant officetel management office delegated with the authority to lease the instant subparagraph (hereinafter “instant lease agreement”).
(2) The Plaintiff is obligated to pay KRW 35,00,000 to the Plaintiff when the period of the lease contract expires on January 19, 2020. 2) The judgment of the Plaintiff on the assertion of the right of representation is insufficient to recognize the fact that the Plaintiff delegated the right to conclude the lease contract of this case to E, even if there is no authority to conclude the lease contract of this case on behalf of the Defendant, the Defendant delegated the right to conclude the monthly lease contract of this case to E, and there is justifiable reason to believe that E was the authority to conclude the lease contract of this case on behalf of the Defendant. Therefore, the Defendant is obligated to pay the Plaintiff KRW 35,00,000 upon the expiration of the period of the expiry of January 19, 2020.
Rather, if the content of evidence Nos. 4 through 8 added the purport of the entire pleadings, the accounting staff of the instant officetel management office is delegated by the Defendant with the authority to conclude the lease contract of this case with respect to No. 4.