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(영문) 의정부지방법원고양지원 2016.08.31 2014가단55591
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On November 22, 2010, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) stipulating that the lease deposit is KRW 130 million and the lease term is from May 30, 201 to May 29, 2013, between C and the Plaintiff’s representative, and the Defendant resided in the said house from that date.

[Grounds for recognition] Gap's evidence Nos. 1, 2, and 10, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff cannot be deemed a lawful lessee by leasing the instant real estate from C without the authority to lease the instant real estate. Therefore, the Plaintiff is obligated to pay the Plaintiff unjust enrichment for the period from November 22, 2010 on the instant real estate to March 13, 2014, which is the day before the Plaintiff loses the ownership of the instant real estate.

B. Since the Plaintiff granted to Defendant C management authority, including the right to represent the instant real estate lease agreement, which was jointly invested and purchased with Defendant C, C had the right to conclude the instant lease agreement on behalf of the Plaintiff at the time of conclusion of the instant lease agreement.

Even if C did not have the right to enter into the instant lease agreement on behalf of the Plaintiff at the time of entering into the instant lease agreement, C had the right to enter into the lease agreement until August 2009, and thus C’s act of entering into the instant lease agreement constitutes an expression agent under Article 129 of the Civil Act (if the said right was exceeded, an expression agent under Article 126 of the Civil Act).

3. We examine whether the judgment C had the power of representation to conclude the instant lease agreement on behalf of the Plaintiff.

In full view of the evidence Nos. 8 through 11 and No. 6, the whole purport of the pleadings is as follows: ① The plaintiff actually participated in the overall business partnership agreement with the plaintiff's East E, and the plaintiff directly participates in it.

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