건물명도 등
1. The judgment of the court of first instance is modified as follows.
The defendant shall receive KRW 70 million from the plaintiff at the same time.
1. Facts of recognition;
A. The Plaintiff delegated the authority to enter into a lease agreement on the multi-family house (hereinafter “multi-family house of this case”) including real estate (hereinafter “instant 401”) owned by the Plaintiff to C, who operated the F Licensed Real Estate Agent Office and M Licensed Real Estate Agent Office, and deposited the lease deposit of at least one million won into the Plaintiff’s account.
B. On March 2, 2015, the Defendant entered into a lease agreement between C and the Plaintiff, the lessee, and the lease deposit amount of KRW 70 million (hereinafter “instant deposit”), monthly rent of KRW 100,000,000,000 from March 10, 2015 to March 9, 2017 (hereinafter “instant lease agreement”).
C. On March 2, 2015, the Defendant deposited KRW 7 million in the account under the name of the instant deposit, and KRW 70 million in the sum of KRW 63 million on March 10, 2015, into the account in the name of G according to C’s instructions, and occupied on March 10, 2015.
On July 2, 2016, the Plaintiff terminated the management contract with M&E (C complaint) that had been under the management of the instant multi-family house and the lease of the instant multi-family house to the Defendant during that period, and thus, the rent and management fee were deposited into the passbook owned by the owner and issued a notice of the contents.
E. On February 15, 2017, Daejeon District Court Decision 2016Da2800, 3938 (Joint) and 4447 (Joint) cases ① at the above F Licensed Real Estate Agent Office on March 15, 2015, C prepared and printed out the documents stating that “A, address H, resident number I, contact J, and the above delegating Party A shall have the power to lease the K Multi-Family Housing (site and Building) in the Dong-gu, Daejeon Metropolitan City by using a computer at the above F Licensed Real Estate Agent Office on March 15, 2015 (Joint), and then become a power of attorney, a private document, for the purpose of exercising the Plaintiff’s seal that was obtained for the purpose of concluding a lease agreement subsequent to the Plaintiff’s name.