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1. The defendant points out from the plaintiff each point of Attached Form 12, 14, 15, 13, and 12 among the buildings listed in Attached Table 1 list.
Reasons
1. On June 2, 2013, the Plaintiff entered into a lease agreement with C, who is called the Defendant’s agent, setting the lease deposit amount of KRW 25 million, and the term of the lease from June 8, 2013 to June 8, 2015 (hereinafter “instant lease agreement”). On June 7, 2013, the Plaintiff received a receipt in the name of the Defendant after paying the lease deposit of KRW 25 million to C as a check.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-2, Gap evidence 14, the purport of the whole pleadings
2. The assertion and judgment
A. (1) The parties' assertion (1) C, the Defendant's living together, entered into the instant lease agreement as the Defendant's lawful representative, and even if C did not have the right to conclude the instant lease agreement, the expression agent under Article 126 of the Civil Act was established, or the Defendant was ratified, or the Defendant was paid the lease deposit. As a delivery of a copy of the instant lease agreement, the Plaintiff declared that the Plaintiff would terminate or refuse to renew the instant lease agreement. As such, the Defendant is obliged to pay the lease deposit amount of KRW 25 million from the Plaintiff at the same time as the delivery of a copy of the instant lease agreement from the Plaintiff.
(2) The Defendant’s assertion did not grant C any authority related to the instant real estate, and the Plaintiff was grossly negligent, such as not confirming the right of representation of C when concluding the instant lease agreement, and there is no justifiable reason to believe C to have the right of representation. Thus, the expressive representation under Article 126 of the Civil Act is not established.
B. (1) There is no evidence to acknowledge that C has the legitimate power of representation to conclude the instant lease agreement with respect to the legitimate assertion of power of representation.