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(영문) 대전지방법원 2017.10.24 2016가단24526
건물명도 등
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached Form.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Basic facts

A. The Plaintiff is the owner of a multi-family house (hereinafter “multi-family house in this case”) that includes the real estate in the attached Form (hereinafter “instant 401”).

B. As to the Plaintiff’s agent on March 2, 2015 and the instant 401, the Defendant entered into a lease agreement between C and D Licensed Real Estate Agent Office’s representative E with the lease deposit of KRW 70 million, monthly rent of KRW 100,000,000 from March 10, 2015 to March 9, 2017 (hereinafter “instant lease agreement”), and occupied the instant 401 from March 10, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 3, the purport of the whole pleadings

2. Determination on the cause of the claim

A. 1) The Plaintiff did not confer the right of representation to enter into the instant lease agreement on subparagraph 401, and there is no justifiable ground to believe that the Defendant has the right of representation to enter into the instant lease agreement with C. Therefore, the instant lease agreement is null and void against the Plaintiff. Therefore, the Defendant is obligated to deliver to the Plaintiff the instant subparagraph 401, which is possessed without a legitimate title. (2) As to the instant subparagraph 401, the Defendant entered into a lease agreement with C with the Plaintiff upon whom the right of representation to enter into the lease agreement was granted and paid KRW 70 million, and thereafter occupied the instant subparagraph 401.

Even if there was no power of representation on the conclusion of the instant lease agreement to C, as the Defendant had justifiable grounds to believe that C had the power of representation to conclude the instant lease agreement, so it constitutes an act of ratification to either establish an expression agency pursuant to Article 126 of the Civil Act or to deliver a monthly notice to the Plaintiff to deposit into another account because it constitutes an act of ratification. Therefore, the Defendant is obliged to return deposit KRW 70 million from the Plaintiff at the same time to deliver 401.

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