임대차보증금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
On December 30, 201, the Plaintiff, which is the primary cause of the Plaintiff’s claim, entered into a real estate lease agreement with C as to D’s detached houses located in Busan Dong-gu, Busan (hereinafter “instant real estate”), which are owned by the Defendant on December 30, 201, with the Defendant’s agent, with the deposit amount of KRW 34 million and the lease period of KRW 34 million until December 30, 2013 (hereinafter “instant contract”). All of the above deposit was paid to C, and the instant contract was terminated upon the expiration of the contract.
Therefore, the defendant is obligated to return the deposit amount of KRW 34 million to the plaintiff.
Preliminary Claim (Apparent Representation Liability) Even if the Defendant did not grant C the right of representation to conclude the instant contract.
However, at the time of the purchase of the instant real estate by the Defendant, C represented the Defendant, and C took custody of the Defendant’s seal, certificate of seal impression, and certified copy and abstract of resident registration, and entered into the instant contract with the Plaintiff as the Defendant’s agent beyond his authority, and there is a justifiable ground to believe that C was the authority to conclude the instant contract on behalf of the Defendant, the Defendant is liable to reflect the deposit to the Plaintiff in accordance
The defendant's assertion did not grant C the power of representation for the conclusion of the contract of this case.
The power of attorney (part of the evidence No. 3) cited by the plaintiff as evidence is forged.
Meanwhile, there is no justifiable reason to believe that C is the Defendant’s agent, in light of the following: (a) the state of proxy; (b) the seal imprint affixed with the seal imprint affixed to the proxy; (c) the date on which the certificate of seal imprint or the abstract of resident registration card was issued is much more than the date of the contract; and (d) the phone call can be easily verified as to the Defendant’s existence of
On the other hand, as to the conclusion of the instant contract, C’s power of attorney, among the evidence No. 3, whether C has the authority to act for the Defendant.