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(영문) 서울남부지방법원 2016.04.21 2015나58971
임대차보증금 등
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Defendant is a licensed real estate agent operating a certified brokerage office under the trade name of “H real estate,” and the co-defendant D of the first instance trial (hereinafter “D”) is the owner of the second multi-household housing of Yeongdeungpo-gu Seoul Metropolitan Government E, F, G, and Cho Jong-gu Blub roof (hereinafter “instant building”).

B. On January 7, 2007, the Defendant arranged the Plaintiff for rent of 57.15 square meters (hereinafter “the leased object of this case”) among the instant building, and concluded a lease contract of KRW 20 million (A evidence 1-1, hereinafter “the instant lease contract”) with the Plaintiff as the Defendant, the lessor’s agent, the Defendant, and the lessee as the Plaintiff and the broker, and affixed the Defendant’s seal on the name of the Defendant’s agent.

C. At the time of entering into the instant lease agreement, the Defendant presented to the Plaintiff a letter of delegation (Evidence 1) in the name of D stating that “D shall delegate all the authority regarding the conclusion of the instant lease agreement and the authority to receive the lease deposit,” and a certificate of personal seal impression (Evidence 2) issued directly on November 21, 2006 by D himself.

However, the above power of attorney and the certificate of personal seal impression are obtained and held by the defendant who is the administrator of the building of this case. The above power of attorney and the certificate of personal seal impression are affixed with D's seal impression seal imprints on the above power of attorney, but the above power of attorney contains the defendant's name, address, resident number, etc., and the above certificate of personal seal impression is also issued. However, the above certificate of personal seal impression is also issued to the defendant. However, the letter of personal seal impressions are delegated to the non-ston and the third and third (the defendant)'s letter of attorney's seal impressions.

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