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All of the plaintiffs' claims are dismissed.
The costs of lawsuit shall be borne by the plaintiffs.
Reasons
1. Basic facts
A. A. On September 2019, the Defendant issued to Nonparty D a power of delegation to Nonparty D, stating that “the power of physical tenants and occupancy, eviction, management of facilities, deposit money, and monthly deposit” was delegated with respect to each real estate listed in the separate sheet owned by the Defendant.
B. On September 8, 2019, Plaintiff A, as a broker of husband E of D, leased the real estate listed in the attached Table 1 from the Defendant to KRW 40,00,00 in terms of the lease deposit, KRW 50,00 in monthly rent, and the lease period from September 8, 2019 to September 8, 2020, and the lease deposit and monthly rent were paid to D’s account.
C. On October 20, 2019, Plaintiff B leased the real estate listed in the separate sheet No. 2 from the Defendant from the Defendant as a broker on October 20, 2019, KRW 31,000,00 for the lease deposit, and the lease period from October 21, 2019 to October 21, 2021. The lease deposit and monthly rent were paid to D’s account.
The Plaintiffs came to know of the fact that E and D did not deliver the lease deposit to the Defendant on January 2020, and then filed a complaint against E and D as fraud. D was subject to a non-prosecution disposition, and E was prosecuted for fraud.
E. On February 6, 2020, the Plaintiffs filed a claim for damages against E, D, and F Association for the amount equivalent to the lease deposit.
F. Although E was delegated by the Defendant with the authority to conclude a lease contract of KRW 1,00,000 for each lease deposit and KRW 390,000 for each of the instant real property, E was convicted of fraud on the ground that he/she acquired by deceptioning the Plaintiffs.
[Grounds for Recognition: Entry of Evidence No. 1-1 to 8 of No. 8, the purport of the whole pleadings]
2. The parties' assertion
A. The plaintiffs' assertion that the defendant has delegated D and E the authority to conclude the lease contract of each of the instant real estate. Thus, the defendant, in accordance with the legal principles of representation and expression, is stated in the purport of the claim when each of the instant lease contracts is terminated.