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1. The Defendant’s KRW 5,00,000 as well as the Plaintiff’s annual rate of 5% from April 21, 2019 to June 14, 2019, and the following.
Reasons
1. Facts of recognition;
A. The Defendant is an owner who completed the registration of ownership transfer on July 20, 2015 with respect to the member-gu Ctel D (hereinafter in this case’s officetel) in Ansan-si.
B. On July 20, 2015, the Defendant purchased the instant officetel as a broker G’s brokerage assistant who operates the “E” and completed the registration of ownership transfer on the same day.
C. On November 1, 2015, the Defendant signed the same power of attorney (a certificate No. 2, the Defendant recognized the fact that the delegating person signed) as follows, and sent his signature to G around that time along with a certificate of personal seal impression issued by him.
피고는 G의 요청에 따라 위 인감증명서의 사용용도 란에 ‘C D 임대차 위임용’이라고 적어서 G에게 건넸다.
Any person to be delegated - F entrusted real estate - the portion to be delegated to Ctel D - All matters delegated with respect to the Dtel lease - the amount to be entrusted to receive and returned the rental deposit - the total amount of the deposit deposit - the amount of the contract terms concerning the terms and conditions of the contract - the extension of the contract term and the confirmation, repair, and other tax-related matters,
D. On November 26, 2015, F entered into a lease agreement with the Plaintiff and the instant officetel as the Defendant’s agent with respect to the said delegation and certificate of personal seal impression from December 6, 2015 to December 5, 2016.
On November 28, 2015, the Plaintiff paid the F a deposit of KRW 50 million to F.
E. On November 6, 2017, F entered into a lease agreement with the Plaintiff and the instant officetel with the Defendant as the lessor on a deposit amount of KRW 55 million, and the period from November 6, 2017 to December 6, 2018. The Plaintiff paid KRW 5 million as additional deposit to F around that time.
F. The Plaintiff expressed his/her intention to terminate the lease to F and the Defendant, but failed to receive the deposit, the Plaintiff issued the order of lease registration and delivered the instant officetel to the Defendant on April 20, 2019.
(b) the basis for recognition;