1. Revocation of the first instance judgment.

2. The defendant shall receive real estate stated in the separate sheet from the plaintiff.

Facts of recognition

The Defendant delegated the authority to conclude a lease agreement on the multi-family house (hereinafter referred to as the “multi-family house of this case”) including real estate listed in the attached list owned by the Defendant (hereinafter referred to as the “instant 401”) to D who operated H Licensed Real Estate Agent Office and I Licensed Real Estate Agent Office, but the lease deposit of at least one million won is deposited into the Plaintiff’s account.

On March 2, 2015, C, on behalf of the Plaintiff, entered into a lease agreement with D and the instant 401 on behalf of the Plaintiff, with the terms of deposit of KRW 70 million, monthly rent of KRW 100,000,000, and the period from March 10, 2015 to March 9, 2017 (hereinafter “instant lease agreement”).

The Plaintiff deposited the sum of KRW 7 million on March 2, 2015, and KRW 70 million on March 10, 2015, and KRW 70 million on March 10, 2015, into the account in the name of G according to D’s instructions. On March 10, 2015, the Plaintiff occupied the instant 401 and is currently in possession until now.

On July 2, 2016, the defendant terminated the management contract with I (D complaint) that had been able to lease the apartment house of this case and manage the building of this case during that period, and thus, the rent and management fee were deposited into the passbook owned by the owner and delivered a notice of the contents to the plaintiff.

D In the Daejeon District Court Decision 2016Da2800, 3938 (Joint) and 4447 (Joint) case on February 15, 2017: ① On March 15, 2015, the Plaintiff, a private document, for the purpose of exercising the Defendant’s seal and rights and duties by means of using a computer at the above office of the HB office around the date of March 2015, the delegating Party B, the Guro-gu Seoul Metropolitan Government J, the resident number K, L, and the above delegating Party B, by means of a computer, delegated all the rights and duties (from January 15, 2015 to the time of sale and purchase) of the Dong-gu Seoul Metropolitan City M Multi-Family Housing (site and building).