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Reasons
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(영문) 서울북부지방법원 2017.09.22 2016가단28153
구상금
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of premise;

A. (1) On April 16, 2004, the Defendant concluded the following sales contract (hereinafter “first sales contract”) with D with respect to multi-household housing No. 202 (hereinafter “instant housing”) in Dongdaemun-gu Seoul (hereinafter “instant housing”) in the area where redevelopment investment demand was located.

Location: Sales price of removed house (33 square meters): 85,00,000 won (contract price of KRW 10,000,000, the balance of KRW 75,000,000): The special agreement shall be replaced with a thing that can be received if the occupancy right does not arise.

1. The seller who is obligated to return the compensation after the rent to the seller: D and the buyer: B, the defendant on April 19, 2004, in relation to the above house

3. 21. 21. 21. On the other hand, D’s employees E independently concluded a lease agreement with F on April 28, 2004 (hereinafter “instant lease agreement”).

Lease deposit: 45,00,000 won (a contract deposit of KRW 4,50,000, the balance of KRW 40,500,000) lease period: From May 25, 2004: A lessor: B, E, and lessee: the Defendant’s seal is affixed on the deposit receipt column under the above lease agreement, but the lessor’s seal is not known, and the lessor’s seal is affixed to the part of the special agreement stating “Submission of a letter of delegation of a certificate of seal imprint,” and F and the Defendant’s seal is affixed as the corrected seal.

Applicant The power of lease as of April 2004 (hereinafter referred to as “the power of delegation of this case”) signed by E is affixed with the Defendant’s seal affixed on the date of preparation of the name of the Defendant, but there is no scam of seal between the Defendant and E, and E does not have been directly delegated by the Defendant or the Defendant’s mother.

(v) Meanwhile, at the lower right edge of the instant lease agreement, five seals are affixed to different documents, but they are attached to the said delegation or lease agreement, and the Defendant’s certificate of personal seal impression submitted by the Plaintiff.

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