1. Defendant B’s delivery of real estate stated in the separate sheet from the Plaintiff at the same time, and at the same time, KRW 40,000,000 to the Plaintiff.

1. Facts of recognition;

A. On September 20, 2007, Defendant B completed the registration of ownership transfer with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. On May 18, 201, the Plaintiff entered into a lease agreement with a licensed real estate agent D who represented by Defendant B regarding the instant real estate (hereinafter “instant lease agreement”) as of July 3, 201, from July 3, 2011 to July 2, 2013, and paid 4 million won to D on the day of the contract deposit. On July 2, 2011, the Plaintiff paid the remainder of 36 million won to D through Defendant C, and resides in the instant real estate upon delivery.

【In light of the fact that there has been no dispute, Gap 1-4 evidence, and the purport of the whole pleading Eul 1, it can be acknowledged that the part of the stamp image of defendant Eul with Gap 2-4 evidence is based on the above defendant's whole argument, and thus the authenticity of the whole document is presumed to have been established.

In regard to this, Defendant B did not grant D the right of representation for the in personam lease contract, such as the instant lease agreement, and only granted the right of representation for the semi-exclusive lease contract. However, as seen below, Defendant B asserted that the right of representation for the in personam lease contract was arbitrarily affixed and sealed when entering into the instant lease agreement differently from his/her own intent, it is recognized that the above Defendant granted D the comprehensive power of representation for the lease of the instant real estate as seen below.

2. Determination

A. 1) First of all, whether Defendant B conferred the power of representation on the instant lease agreement (the right of representation is examined as to the right of representation)

The following circumstances are revealed by comprehensively taking account of the aforementioned facts admitted as well as evidence Nos. 1 through 2, Defendant B’s personal newspaper, and the purport of the entire pleadings. In other words, Defendant B purchased the instant real estate in Ansan located in Seoul for the purpose of the future director when the instant real estate was redeveloped, and Defendant B purchased the instant real estate.