부당이득금
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
The judgment of the first instance.
1. The reasoning of the judgment of the court of first instance, which cited the judgment of the court of first instance, is written as follows. The plaintiff’s judgment on the assertion emphasized by this court is identical to the reasoning of the judgment of the court of first instance, except for the addition of the judgment as stated in paragraph (2) below. Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
The second page "sale-to-sale port contract" in the fourth page of the fact of the judgment of the court of first instance shall be deemed to be "sale-to-sale agency contract", and the second page "649 square meters (178 square meters)" shall be deemed to be "589 square meters (178 square meters)".
2. Additional determination
A. In performing the obligations under the instant contract asserted by the Plaintiff, I, the father of the Defendants, constitutes the Defendants’ performance assistant.
However, I would like to keep the entry of the applicants for sale from the access to the access road of crops, call out to the persons who open the land subject to sale without permission on the remaining land, and interfere with the sale of the land by hindering the sale of the land, such as raising the fluoral math of the land immediately adjacent to the land subject to sale and raising the dead fluoral malodor, etc., so that I did not perform its contractual duties.
Therefore, the Defendants are obliged to compensate the Plaintiff for damages due to the nonperformance of the obligations of the I, a performance assistant.
B. 1) Determination 1) An employee as an performance assistant under Article 391 of the Civil Act refers to a person who performs an act falling under the act of performing an obligation under the obligor’s involvement in the obligor’s intent (see, e.g., Supreme Court Decisions 2001Da44338, Jul. 12, 2002; 2007Da10290, Jun. 14, 2007). Therefore, a person who performs an act that cannot be deemed as falling under the obligor’s act of performing an obligation to the obligee cannot be deemed as an performance assistant under Article 391 of the Civil Act (see, e.g., Supreme Court Decision 201Da2142, Aug. 23, 2013). According to the overall purport of the statement and pleading evidence No. 2, I as the father of the Defendants, in the vicinity where the object of the instant contract is located.