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(영문) 울산지방법원 2019.09.05 2018나26598
보증금반환
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On October 6, 2015, the Plaintiff, as a broker of C, as a licensed real estate agent, concluded a lease agreement (hereinafter “instant lease agreement”) under which the Defendant as the lessor, setting the period of lease from October 11, 2015 to October 22, 2017 (hereinafter “the instant building”) for each of the following items: (a) 202 square meters (35 square meters; and (b) the lessor, the Plaintiff, the lessee, the lease deposit, and the lease deposit; (c) the lease agreement for each of the leased lease agreements (hereinafter “the instant lease agreement”); and (d) the lease agreement for each of the instant lease agreements (hereinafter “the instant lease agreement”) was established from October 11, 2015 to October 22, 2017 (24).

B. On October 7, 2015, the Plaintiff received a fixed date in the instant lease agreement and completed the move-in report, and thereafter resided in the original room of this case.

C. On April 6, 2017, the building in this case and the building site in Ulsan-gu, Ulsan-gu, a building site in question (hereinafter “instant building site”), the decision to commence an auction of G real estate G in Ulsan District Court (hereinafter “instant auction procedure”) was made on April 6, 2017, and on February 26, 2018, the registration of transfer of ownership was completed on the ground of sale due to voluntary auction on the 22th of the same month as to each co-owner’s share in the building site in this case and building site in question.

On April 4, 2018, the Plaintiff received dividends of KRW 20,000,00 as a lessee of small amount on the date of distribution of the instant auction procedure and KRW 630,169, as a lessee of the fixed date.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff entered into the instant lease agreement through E with the power of representation granted by the Defendant, and even if so, there was no power of representation on E.

Even if the defendant ratified the expressive representation liability or E's act of unauthorized representation, the defendant shall be the plaintiff.

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