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(영문) 광주지방법원 2017.09.07 2016노5066
자격모용사문서작성등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding the facts) as follows: (a) Defendant 1, a truster in the name of the trust, has the authority to dispose of and manage all the housing of this case, including the lease of this case; and (b) Defendant 2, a trustee of this case, was granted a comprehensive permission to use the name

Therefore, it cannot be deemed that C prepared the lease contract of this case with the qualification of agent.

2. According to the evidence duly admitted by the court below, the defendant sold the house of this case to C and asked C to lend the name to obtain profit from the market price as it is not good credit to obtain profit from the sale of the house of this case. The defendant consented to C on March 4, 2008. The defendant was awarded a successful bid for the house of this case in the name of C on the same day and set up a first priority collective security (hereinafter "collective security right of this case") of 16.8 million won in the name of C and paid a successful bid price of this case with the maximum amount of 22.1 million won in the name of C and 1.6.8 million won in the name of 5 billion won in the name of the court below. The defendant, after the sale of the house of this case, transferred the house of this case to E on March 28, 201, with the right to lease the house of this case to 205,000 won in the name of 30,000 won in the form of the Housing of this case No. 25.3.

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