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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 October 8, 2011, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with regard to 404 units among the 4 multi-household buildings located in the Dong-gu Daejeon-gu Daejeon-gu, Daejeon-gu (hereinafter “instant building”) using the Defendant’s name, which used the Defendant’s name; KRW 25 million; and the period of February 24, 2014; and transferred KRW 25 million to the Defendant’s account.
B. D was sentenced to imprisonment for 8 months on March 3, 2015, on the grounds that he/she did not have the right to conclude a lease contract on the instant building, and acquired 25 million won by using the above lease contract under the name of the Defendant and acquired 25 million won from the Plaintiff, and was sentenced to imprisonment for 8 months at the Daejeon District Court [2014Da3181, 3234, and 4306 (merged)], but is currently in progress at the appellate court after appeal, and it was currently in progress at the appellate court on October 22, 2015 due to the fact that he/she acquired excluding the instant building in the name of the owner by stealing the same method as to the remaining part of the said multi-household building. However, the Daejeon District Court [2014No2274, 2015No854 (Consolidated)] was sentenced to imprisonment for 3 years on October 22, 2015.
[Ground of recognition] Facts without dispute, Gap 2 and 3 evidence 1, 2, Eul 8, 9, 10 evidence, and facts which are obvious to this court
2. Determination as to the cause of action
A. The gist of the Plaintiff’s assertion ① Since the Defendant is the party to the instant lease agreement, the Defendant is obligated to refund the lease deposit, even if not, the Defendant is obligated to return the lease deposit as it ratified the instant lease agreement.
② Alternatively, the Defendant granted D the right of representation to enter into the instant lease agreement with the Plaintiff regarding the instant building. Even if not, the Defendant, even if not, provided D with the right of representation to receive monthly rent, etc. regarding the instant building, so that the Plaintiff is believed to have the right of representation.