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(영문) 부산지방법원 2018.10.05 2018나40782
임대차보증금반환
Text

1. Revocation of the first instance judgment.

2. The plaintiffs' claims are dismissed.

3. The costs of the lawsuit are assessed against the Plaintiffs.

Reasons

1. Basic facts

A. On October 11, 2015, Plaintiff A entered into a lease agreement with the Defendant, who is the Defendant’s grandchild and the Defendant’s agent, regarding two left-hand side of the E (hereinafter “instant real estate”). On October 25, 2015, Plaintiff C entered into a lease agreement with the two right-hand side of the instant real estate, including KRW 15,00,000,000, and the lease agreement with the term of twenty-four months (hereinafter “instant lease agreement”).

B. On December 5, 2015, the Plaintiffs paid KRW 30 million to F as a deposit for lease, and resided in the instant real estate.

C. After that, unlike F’s promise, the instant real estate was in a situation in which it was no longer able to reside due to a power failure or a fraction, and the Plaintiffs notified the Defendant on July 8, 2016 that the instant real estate could no longer reside in the instant real estate, and that the instant lease agreement will be terminated.

On the other hand, from February 23, 2015, the Defendant was hospitalized in G convalescent hospital upon the diagnosis of his anti-emeral ties, detailed unknown ties or human ties, etc. from February 23, 2015 to that date.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1 to 4, and 10 evidence (including branch numbers), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiffs' assertion F entered into the instant lease contract on behalf of the defendant with the defendant's seal imprint, power of attorney, and certificate of seal impression. The defendant shall be deemed to have granted F a legitimate power of representation, and even if not, it is established as an expression agent, so the defendant is obliged to pay the lease deposit to the plaintiffs.

B. In other words, at the time of conclusion of the instant lease agreement, the Defendant was hospitalized in a convalescent hospital and did not attend the hospital and did not enter the hospital, according to the following circumstances.

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