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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
Attached Form
Each real estate listed in the list (hereinafter referred to as "each real estate of this case") was registered for ownership preservation in the name of E on November 7, 2013, and was registered for ownership transfer in the name of F on May 16, 2014 and was registered for ownership transfer in the name of the plaintiff on the same day.
The terms and conditions of each of the instant real estates are as follows.
Defendant A: (a) entered into a lease agreement with G on June 20, 2013 with a lease deposit of KRW 45 million; (b) entered into a lease agreement on November 26, 2013; (c) entered into a lease agreement with H on December 26, 2013 with a lease deposit of KRW 35 million; (d) entered into a move-in report on March 24, 2014; and (e) entered into a lease agreement with the Defendants on March 10, 2013 with respect to three real estate entered in the separate list on August 13, 2013; and (e) entered into a lease agreement with G on November 13, 2013 with a lease deposit of KRW 40 million; and (e) entered into a lease agreement with the Defendants on October 4, 2013 with respect to real estate entered in the separate list on March 21, 2013; and (e) entered into a move-in report from each of the Defendants.
[Reasons for Recognition] A, A evidence 1, B 1, 2, 7, 12 (including each number), witness G testimony, and the purport of the whole pleading of the Plaintiff’s assertion of the purport of each lease agreement, E, the owner of each of the instant real estate, delegated H with the authority to dispose of each of the instant real estate.
H had delegated G with the authority to dispose of each of the instant real estate, but the scope of delegation is to sell each of the instant real estate, not to lease each of the instant real estate.
Since Defendant A, C, and D leased each of the instant real estate from G that did not have the right to lease, they cannot oppose the owner of each of the instant real estate.
Defendant B entered into a lease agreement with H, but the above Defendant did not pay the intermediate payment and the remainder, and H did not pay the intermediate payment and the remainder, around February 16, 2015.