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(영문) 대구지방법원 2020.06.10 2019나304330
건물명도(인도)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is the owner of the attached real estate (hereinafter “instant apartment”).

B. On June 7, 2013, C concluded a lease contract with the Defendant on behalf of the Plaintiff (hereinafter “instant lease contract”) setting the lease deposit amount of KRW 12 million with respect to the instant apartment on behalf of the Plaintiff.

C. Around that time, the Defendant paid the lease deposit of KRW 12 million to the former lessee of the instant apartment, and had resided in the instant apartment.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. The party's assertion and judgment

A. The Plaintiff’s assertion 1) from November 1, 2010 to C has been entrusted with the affairs related to the monthly rent lease contract for the instant apartment from November 1, 2010 to C, and was paid monthly rent from C. However, without authority, C entered into a lease agreement with the Defendant, setting the lease deposit for the instant apartment as KRW 12 million, allowing the Defendant to occupy and use the instant apartment without authority, and did not pay monthly rent from June 2013 to the Plaintiff. Therefore, since the Defendant occupied and used the instant apartment without authority from June 2013, it was obligated to issue an order to specify the instant apartment from the Plaintiff, and the Plaintiff is also obligated to pay a rent or unjust enrichment equivalent to the instant apartment from June 1, 2013 to the time the Plaintiff was ordered to surrender the instant apartment to the Plaintiff. 2) The Defendant concluded the lease agreement with the real estate brokerage office, and concluded the lease agreement with the Plaintiff and the Plaintiff’s agent, as the Plaintiff’s agent, as the Plaintiff’s agent, as the Plaintiff.

Therefore, it is legitimate to act on behalf of the plaintiff C.

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