The defendant shall receive real estate stated in the attached list from the plaintiff at the same time, and at the same time, KRW 40 million from the plaintiff.

The summary of the case and the summary of the procedure, the Plaintiff concluded a lease agreement with C (hereinafter “Nonindicted Company”) with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) as the Defendant’s representative, and sought the return of the lease deposit due to the expiration of the contract term, the Defendant asserts that the conclusion of the lease agreement by Nonparty Company does not affect the Defendant, the principal’s act of unauthorized representation.

Furthermore, in response to the defendant's answer, the plaintiff asserts that the establishment of the expression agency under Article 126 of the Civil Code is preliminary.

The summary court of the pleading and the procedure was conducting the examination of evidence regarding documentary evidence submitted by both parties while proceeding one time for pleading through the date for preparatory pleading (the two legal representatives and the debate were conducted in the manner of question and answer, and all the gists were written in the protocol).

In this context, the whole purport of the arguments, including the contents of the relevant lower court rulings (the plaintiff and the defendant were shipped into accompanying materials) that can be interpreted in favor of the plaintiff and the defendant, was reached as follows.

Judgment

In accordance with the results of the examination of evidence on the whole documentary evidence submitted in the litigation relations acknowledged by this court, this Court has acknowledged the facts of the litigation relations centered on the issues of the case (i.e., the scope of the right of representation in the non-party company) as follows.

On May 26, 2017, the Defendant, which completed the registration of ownership transfer (the cause of registration is the sale on November 24, 2015) with respect to the instant real estate in this case, the acquisition of the Defendant’s ownership and the conclusion of the business consignment agreement with the Defendant Company, entered into the following business consignment agreement (the instant business consignment agreement) with the Nonparty Company on February 10, 2017:

Article 1 [Purpose] 1. B (Defendant) shall operate the real estate in this case as “A” and “entrusted business”.