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At the same time, the defendant takes delivery of the building D, E, and the plaintiff from the plaintiff at the port of port, KRW 50,00,000.
Reasons
1. Case summary and judgment
A. On April 8, 2015, the main text of the instant lease contract (hereinafter “instant lease contract”) entered into a new lease contract (hereinafter “instant lease contract”) in the attached Form No. 1 (Evidence No. 1) (hereinafter “the Plaintiff’s deposit amount of KRW 50,000,000 between the Plaintiff and the Defendant (the lessor) represented by F and the Defendant (the lessor) on April 8, 2015. The Plaintiff paid KRW 50,000,000 through the Defendant’s deposit account. Since the instant lease contract was implicitly renewed and thereafter, the Plaintiff’s claim for termination of the instant lease contract was delivered to the Defendant on May 25, 2020, and the purport of the entire pleadings is recognized by comprehensively taking account of the dispute between the parties to the instant lease contract and the evidence No. 1 through No. 3 and No. 9 and testimony of each witness. 1.
B. Meanwhile, there is no dispute between the parties that the Defendant did not directly conclude the instant lease contract in person with the Plaintiff, and the actual (the name of the Defendant) is in charge of concluding the instant lease contract with the Plaintiff, or that the principal who requested the broker to conclude the instant lease contract is F.
Of these, the Defendant, upon the F’s request, was at the position of the representative director of a construction company (G) in which the F actually operated from July 9, 2012 to June 25, 2013, and the instant lease agreement was concluded by F by referring to the actual owner of the instant housing (the first written reply on May 28, 2020 as stated on the date of pleading), F and the Defendant were actually living together for several years. ② In full view of the overall purport of the pleadings as to the entries in the evidence Nos. 3 and 4 and witness F and the testimony of F, the Defendant was registered as the owner of the instant housing (the date of permission was June 5, 2014) in the process of constructing the instant housing building (the date of commencement) under the name of the owner of the building in the instant case.