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(영문) 부산지방법원동부지원 2016.07.20 2016가단202765

공제보상금청구

Text

1. The Defendant: (a) KRW 44 million to the Plaintiff, as well as 5% per annum from May 22, 2016 to July 20, 2016; and (b) the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the building listed in the attached Tables 1 and 2 (hereinafter “instant building”) and B is a licensed real estate agent who operates C real estate, and D is a person who jointly operates B and the instant real estate from June 2007 to August 2010.

B. In addition to the instant building Nos. 1 and 2, the Plaintiff owned 5 real estate of E, including Nos. 1731, 1528, and 1628, and granted D the authority necessary to manage the said real estate from 2006 to 2010, and issued its power of delegation and certificate of personal seal impression.

However, D did not have any authority to conclude the lease agreement of the building Nos. 1 and 2 in this case.

C. Meanwhile, on the other hand, on February 27, 2010, F prepared a lease agreement with the Plaintiff, stating that it was delegated by the Plaintiff with the authority to conclude the lease contract through the intermediation of B, and with respect to the building No. 1 of this case, “The Plaintiff, lesseeF, lease deposit amount of KRW 20 million, monthly rent of KRW 330,000,000, monthly rent of KRW 3300,000, and from February 27, 2010 to February 26, 2011, and thereafter, F paid KRW 20,000,000 as the above lease deposit to D and resided after delivery of the building No. 1 of this case.

In addition, G, on May 30, 2009, claimed that it was delegated by the Plaintiff with the authority to conclude the lease contract through the brokerage of B, and on the building of this case of this case of the building of this case of the building of this case of the building of this case of the lease contract of the Plaintiff, lessee, Defendant G, lease deposit amount of KRW 35 million from May 30, 2009 to May 29, 201, and thereafter, G paid the above deposit of KRW 35 million to D, and thereafter resided under the delivery of the building of this case of this case of the building of this case.

(hereinafter, each lease contract for the buildings Nos. 1 and 2 in this case is "each lease contract of this case"). E

D At the time of entering into each of the instant lease agreements, the Plaintiff’s power of attorney and certificate of personal seal impression was delegated to F and G with the authority to conclude the instant building lease agreements.