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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On January 8, 2016, the Defendant entered into a contract with C, called the Plaintiff’s agent, under which the building listed in the separate sheet owned by the Plaintiff (hereinafter “instant building”) was leased for a fixed period of KRW 130 million as the lease deposit and KRW 2 million as the lease deposit.
(hereinafter “instant lease agreement”). B.
The Plaintiff filed a complaint on the ground that C entered into the instant lease agreement without obtaining the power of representation from the Plaintiff on the ground that C had prepared the contract, and the criminal trial against C was conducted, and was convicted of having been convicted of a crime, such as preparation of a private document by insult of qualification.
[Ground of recognition] The items in Gap evidence Nos. 1, 2, Gap evidence Nos. 6 and 7, and the purport of the whole pleadings
2. Determination:
A. The plaintiff asserts that since the lease contract of this case was concluded without the power of representation by C, the defendant has a duty to deliver the building of this case as it has no title to possess the building of this case.
As to this, the defendant asserts that there is a legitimate title to occupy the building of this case since the expression agency under Article 125 of the Civil Code has been established with respect to the lease contract of this case.
B. Apparent representation by the manifestation of power of representation under Article 125 of the Civil Act is established when a person who does not have any relationship as to the nature of basic legal relations between the principal and the person who acts as an agent, or as to the existence of validity thereof, provides a third party with the indication that he/she has granted the power of representation in performing a legal act on behalf of the principal. In this case, for the purpose of determining that there was a indication of power of representation under Article 125 of the Civil Act by delivering the documents, the contents of the documents submitted or held by the person who acts as an agent, and the circumstances and form of the documents prepared and delivered, and the kind and nature
Supreme Court Decision 201No. 21 delivered on August 21, 2001