1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

Judgment of the first instance.

1. Basic facts

A. The defendant is the owner of Cheongju-si C apartment (hereinafter "the apartment of this case"), and B is the defendant's employee delegated with the authority to collect rent and management expenses for the apartment of this case.

B. On December 12, 2012, between B and B, the Plaintiff entered into a lease agreement on 26 units of the instant apartment complex (hereinafter “each of the instant lease agreements”) as indicated in the attached Table, including the fact that the lease agreement was entered into between December 12, 2012 and December 12, 2013 with respect to 302 units of the instant apartment by transferring the leased deposit amount of KRW 18 million and the term of lease from December 12, 2012 to December 12, 2013, and paid KRW 351,88,000 in total by transferring the instant apartment complex to the Defendant’s management fee receipt account managed by B or paying cash directly.

[Reasons for Recognition] Facts without dispute, Gap evidence 3, 5 evidence, Eul evidence 1 (including each number, if any, hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiff's assertion

A. The Plaintiff asserting the right of representation entered into each of the instant lease agreements with B, for which the Defendant granted the power of representation for the conclusion of each of the instant lease agreements. Since each of the instant lease agreements has expired upon the expiration of the period of termination, the Defendant is obligated to refund KRW 351,88,000 in total of the lease deposit (hereinafter “the lease deposit”).

B. Even if there was no authority to conclude each of the instant lease agreements with the apparent agency B, B was delegated with the authority to collect rent and management expenses for the instant apartment. Since the Plaintiff believed that B had the authority to act for the Defendant at the time of entering into each of the instant lease agreements and justifiable grounds exist to believe that it was reasonable to believe such authority, the Defendant is liable to act on behalf of the Defendant under Article 126 of the Civil Act.

C. The defendant is aware of the fact that each of the instant lease agreements was concluded.