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1. The defendant shall order the plaintiff to write down the real estate stated in the attached list.
2. The plaintiff's remaining claims are dismissed.
3...
Reasons
1. On September 28, 2012, with respect to the real estate listed in the separate sheet owned by C (hereinafter referred to as the “instant housing”), a lease agreement was drafted from October 31, 2012 to October 31, 2014, as stipulated by the lessor C, the Plaintiff, the deposit money of KRW 20 million, monthly rent of KRW 650,000,000, monthly rent of KRW 650,000,000.
The defendant completed a move-in report on the instant house on November 5, 2012, and thereafter has been residing in the said house from around that time, and the plaintiff did not have resided in the said house.
The term of the above lease contract is extended by implied renewal, and it remains now.
The parties are not subject to dispute.
2. There are many types of legal acts in which an actor proceeds for the economic interest of another person as follows:
First of all, there is a system in which the legal effect directly arises with respect to others by an actor who performs or received a juristic act under the name of another person.
In this case, the actor is acting as another person's "agent" and the contract, etc. should also be clearly indicated, and the Korean Civil Code regulates it as an agent system.
(hereinafter Article 114 of the Civil Code). On the other hand, on another's account, a juristic act is conducted on another's account, i.e., on the other's own account; however, on the other's own account, an actor has done a juristic act under his/her own name; and on the other's relationship to transfer his/her acquired right to another person, he/she is treated differently from
Sales agency business (Article 101 of the Commercial Act) is a representative example.
In addition, when the indirect agent acquires the right, it is often a special contract that transfers it to another person.
On the other hand, if an actor agrees to have a third party directly perform the contract with a third party while concluding a contract with a third party, it is specially regulated by the contract with a third party, referring to the contract with a third party.
The Civil Code;