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1. The Defendants’ respective Plaintiff
(a) deliver the real estate listed in the separate sheet;
(b) KRW 5,360,000 and its interest;
Reasons
1. Facts of recognition;
A. On September 29, 2009, the Plaintiff purchased real estate listed in the separate sheet (hereinafter “instant officetel”) from D and completed the registration of ownership transfer.
B. On March 21, 2018, the Plaintiff entered into a lease agreement with F Co., Ltd. (hereinafter “Nonindicted Company”) and the instant officetel as a broker of Licensed Real Estate Agent E (hereinafter “Nonindicted Company”) from March 21, 2018 to March 25, 2019, with respect to the instant officetel, KRW 5,000,000 per month, and the period from March 26, 2018 to March 25, 2019.
At the time, the Plaintiff entered the seal imprint design, etc., and directly visited E's office to prepare a lease contract (A No. 2).
However, in the process of preparing the above lease contract, E, at his own discretion, forged the Plaintiff’s seal impression affixed to the Plaintiff’s letter of delegation (No. 1-1-1) with the terms of leasing the instant officetel from March 21, 2018 to March 20, 2020 with the term of 90,000,000 won, and the term of March 21, 2018 to March 20, 2020, and the power of delegation (No. 1-1-1) with the terms of entrusting the Defendants’ right to request for registration of the establishment of the right to lease on a deposit basis of the instant officetel to the Plaintiff. As such, as the Plaintiff was used for the registration of the establishment of the right to lease on a deposit basis of the Nonparty Company
C. On March 21, 2018, E entered into a lease agreement with the Defendants on the basis of forged lease agreement and power of attorney (hereinafter “instant lease agreement”) with respect to the instant officetel from March 21, 2018 to March 20, 2020, and entered into a lease agreement with the employees of the G Certified Judicial Scriveners Office for lease on a deposit basis (hereinafter “instant lease agreement”). The said lease agreement and the Plaintiff’s certificate of personal seal impression, resident registration abstract and registration information were issued to H, and completed the Defendants’ registration of the establishment of lease on a deposit basis (hereinafter “registration of the instant lease”). D.
The Defendants, with the account of E, KRW 9,00,000 on March 14, 2018, and KRW 81,000,000 on March 22, 2018.