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1. Revocation of a judgment of the first instance;
2. All of the plaintiff's claims are dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. There is no dispute between the parties to the basic facts, or the following facts are acknowledged in full view of the purport of the entire pleadings in each entry in Gap evidence of Nos. 1 to 3 and Eul evidence of No. 1 to 10 (including, if any, branch numbers):
A. The Defendants were owners of shares in the Gangnam-gu Seoul Metropolitan Government D apartment 10 Dong 403 (hereinafter “instant apartment”). At around July 2013, the Defendants, in the U.S. at the time, entered into the lease agreement of the instant apartment, sent to the F Licensed Real Estate Agent Office G by means of e-mail the letter of delegation signed by the F Licensed Real Estate Agent Office G with the content that “I delegate all the acts of the lease contract of the instant apartment to the following mandatary.”
B. (1) On July 27, 2013, the Plaintiff entered into a lease agreement between the G of F Licensed Real Estate Agent Office, representing the Defendants, with respect to the instant apartment owned by the Defendants as KRW 820 million, and the down payment of KRW 80 million, whichever is to be paid at the time of the contract, and the remainder of KRW 50 million, to be deposited into the Defendant Han Bank Account on July 29, 2013. The Plaintiff agreed to pay KRW 740 million in the remainder to the Defendant Han Bank Account on September 30, 2013. The Plaintiff deposited the lease agreement including the following special agreement. On the same day, the Plaintiff deposited KRW 30 million out of the down payment of KRW 80 million in the Defendant Han Bank Account on the same day.
Special Agreement - The G of F Real Estate Representative on behalf of the lessor shall be represented by the lessor.
- The power of attorney and identification card attached to the lessor. - - Payment of 30 million won at the time of a contract with the down payment, and deposit of 0 million won at the lessor’s account on July 29, 2013.
- A lessor’s account for the H of the Bank, but between August 20 and 30, to be present at the lessor’s meeting and to attach a letter of static delegation.
(2) However, on July 29, 2013, the Plaintiff failed to prepare the remainder down payment of KRW 50 million, and the head of the F Licensed Real Estate Agent Office.