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(영문) 서울고등법원 2016.11.24 2016나2045937
토지인도
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) and the counterclaim filed by the Defendant (Counterclaim Plaintiff) at the trial is dismissed.

2...

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. The reasoning for the court’s explanation on this part of the facts is as stated in Paragraph 1 of the reasoning of the judgment of the first instance, in addition to using “this court” as “the first instance court”. Thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination on the main claim

A. The court's explanation of this part of the judgment on the cause of the claim is the same as the statement from No. 4 to No. 5 of the judgment of the court of first instance, and thus, citing this in accordance with the main sentence of Article 420 of the Civil Procedure Act.

B. (1) The main point of the argument of the Defendant is to dismiss the Plaintiff’s claim on the following grounds.

The Defendant asserts that the Plaintiff’s obligation to transfer the instant land should be fulfilled simultaneously with the Plaintiff’s obligation to return the lease deposit.

(A) On September 20, 201, the Defendant: (a) concluded a lease agreement with the J that granted the Plaintiff the authority to enter into a lease agreement on behalf of the Plaintiff on behalf of the Plaintiff; and (b) that “the Defendant leased the instant land at KRW 30 million from the Plaintiff.”

(B) The Plaintiff is liable for the expressive agent under Article 125 of the Civil Act or Article 126 of the Civil Act with respect to the instant lease agreement asserted by the Defendant, even if the Plaintiff and the Defendant did not grant the power of representation from the Plaintiff, on September 20, 201, the lease agreement on the instant land between the Plaintiff and the Defendant. The Plaintiff is liable for the expressive agent under Article 125 of the Civil Act or Article 126 of the Civil Act with respect to the instant lease agreement asserted by the Defendant.

(C) The Plaintiff’s representative who confirmed the act of unauthorized Representation is present at the court in the criminal case against J (Seoul High Court 2014No2794) and state his opinion to J as a witness.

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