1. The defendant shall indicate 1, 2, 3, and 4 of drawings on the same list among the fourth floor of the building listed in the attached list, respectively, to the plaintiff.

1. Basic facts

A. On November 27, 2012, between C and C, the Plaintiff entered into a lease agreement with a deposit of KRW 2,00,000, monthly rent of KRW 320,000, and the period from November 30, 2012 to November 29, 2013, among the buildings listed in the separate sheet owned by the Plaintiff, the Plaintiff delivered the said subparagraph 401 to C around that time.

B. On the other hand, on September 24, 2013, C entered into a lease agreement with the Defendant as the Plaintiff’s agent with a deposit of KRW 15,000,000, monthly rent of KRW 100,000, and the period from September 30, 2013 to September 29, 2014, and thereafter delivered the said subparagraph 401 to the Defendant around that time.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserts that C, a lessee, voluntarily leased the above 401 subparagraph without the Plaintiff’s consent, and sought against the Defendant unjust enrichment equivalent to the rent due to the delivery and unauthorized occupation under the above 401.

As to this, the defendant asserts that C entered into the above lease agreement with the delegation of the above 401 rental authority from the defendant.

B. Therefore, there is no evidence to acknowledge that C had the authority to conclude the above 401 lease contract on behalf of the Plaintiff, and instead, in full view of the witness C’s testimony of the case No. 2014Gadan10870 in this court, C was delegated by the Plaintiff with the authority to represent the Plaintiff in relation to the lease agreement No. 401, and it is only recognized that C received the above 15,00,000 won as security deposit from the Defendant, even though there was no fact that he was delegated the authority to represent the Plaintiff in relation to the lease agreement No. 401.

[C] As such, the crime of preparing qualification-based private documents, the crime of uttering of qualification-based private documents, and the crime of fraud was indicted, and was convicted on April 23, 2015 (the Daejeon District Court’s Seosan Branch).