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(영문) 창원지방법원 2015.08.21 2014가단20083
건물인도 등
Text

1. Defendant C:

(a) deliver the real estate listed in the separate sheet;

(b) From 19,60,000 won and July 18, 2015

Reasons

1. Basic facts

A. On February 15, 2012, the Plaintiff entered into a lease agreement with Defendant C, who is the father of Defendant B, to lease real estate listed in the separate sheet (hereinafter “instant apartment”) with the lessee B, lease deposit of KRW 20 million, monthly rent of KRW 1.2 million (prepaid payment on February 18, 2012), and the term of lease from February 18, 2012 to February 17, 2014 (hereinafter “instant lease agreement”).

B. On February 15, 2012, Defendant C paid to the Plaintiff a deposit of KRW 20 million under the instant lease agreement, and possessed the instant apartment upon delivery on or around February 18, 2012, up to the present day. However, from October 18, 2012, Defendant C was in arrears as the monthly rent for the instant apartment from October 18, 2012.

C. The Plaintiff expressed his/her intent to terminate the instant lease agreement on the ground that at least two years of arrears were the tea of the instant apartment through the duplicate of the instant complaint. The duplicate of the instant complaint was served on Defendant B on October 20, 2014, and on January 16, 2015 to Defendant C, respectively.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination as to the claim against the defendant B

A. Defendant C, upon delegation of legitimate power from Defendant B, entered into the instant lease agreement with the Plaintiff. Since the instant lease agreement was terminated thereafter, Defendant C is obligated to deliver the instant apartment to the Plaintiff and pay the Plaintiff the amount of unjust enrichment equivalent to the overdue rent and rent.

Even if Defendant C did not have the right of representation regarding the conclusion of the lease agreement, Defendant B is obligated to deliver the instant apartment to the Plaintiff according to the apparent representation liability under Article 126 of the Civil Act and pay the Plaintiff the overdue rent and the amount of unjust enrichment equivalent to the rent in arrears.

B. The fact that the seal of Defendant B is affixed to the contract of the instant lease agreement as to the existence of liability by the sole authorized representative, is not disputed between the parties, but Gap.

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