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1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.
2. The costs of the lawsuit are assessed against the defendant.
3...
Reasons
1. The facts that there is no dispute over recognition, and comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 6, D, who works as a brokerage assistant in the C Licensed Real Estate Agent Office, has concluded a lease agreement with the plaintiff on the real estate listed in the separate sheet (hereinafter referred to as "the instant real estate") with the defendant as to the lease deposit amount of KRW 50,000,000 on August 29, 2013 by deceiving the defendant as if he had such authority, even though he was not authorized to conclude a lease agreement with the defendant as to the real estate listed in the separate sheet (hereinafter referred to as "the instant real estate"), with respect to the instant real estate on August 29, 2013, with the plaintiff, lessee, lease deposit amount of KRW 50,00,00,000, and the term of lease from August 29, 2013 to August 28, 2015 (hereinafter referred to as "the instant lease agreement"). Accordingly, the instant lease agreement has no effect with the plaintiff, and the defendant is obligated to deliver the instant
2. Judgment on the defendant's defense
A. The defendant's defense granted D basic authority to conclude a monthly rent contract on the real estate of this case, and the defendant has justifiable grounds to believe that D has the authority to conclude the instant lease contract on the real estate of this case, under Article 126 of the Civil Act, the plaintiff is responsible for the instant lease contract of this case. Thus, the plaintiff is obligated to return the remainder of KRW 32,00,000,000, excluding the amount of KRW 18,000,000, which was refunded from D among the amount of KRW 50,000,000, and the above obligation of the plaintiff is also a simultaneous performance relationship.
B. Determination: (a) on August 29, 2013, as to whether D had the basic authority to conclude a monthly tax contract on the instant real estate on behalf of the Plaintiff on behalf of the Plaintiff; (b) on the sole basis of the fact that D ratified the monthly tax contract concluded on December 9, 2013 by December 9, 2013 by the Plaintiff.