손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On December 26, 2016, the fact that C entered into a sales contract with D, the Defendant’s agent, with respect to the purchase price of KRW 801 square meters (hereinafter “instant land”) prior to E, Seopoposi-si owned by the Defendant, as “C and one other” and the fact that C entered into a sales contract with the purchase price of KRW 217 million, does not conflict between the parties.
2. The plaintiff's ground for claim
A. On September 18, 2018, the Plaintiff, under an agreement with F and C, the Defendant’s agent (the Defendant’s sub-agent), reduced the purchase price of the instant land at KRW 197 million (it shall be treated that C paid the Defendant the down payment and the intermediate payment as the down payment) and completed the registration of ownership transfer in the name of the Plaintiff, but the registration of ownership transfer was completed in the name of the Plaintiff, and the Plaintiff and C concluded a sales contract with the effect that each of the internal shares relationship should be 1/2 (hereinafter “the second sales contract of this case”).
B. At the time, as the sales contract was concluded for a long time without any construction permit for the instant land, and the remainder was not settled for a long time, C proposed the Plaintiff as a buyer and entered into the second sales contract for the instant land by partially modifying the content of the contract to the agreement between the Plaintiff and the Defendant F and C3.
C. However, as the Defendant unilaterally sold the instant land to a third party and completed the registration of ownership transfer on November 19, 2018, the obligation to transfer ownership to the Plaintiff was omitted in an impossible condition.
Accordingly, 30,000,000 won and damages for delay are claimed for damages.
3. There is no clear evidence to deem that the Plaintiff was granted a uniform power of attorney to conclude the instant secondary sales contract with the content that the Plaintiff changed the buyer from D to the Plaintiff;
[The certificate of real estate sales contract (No. 3) submitted by the Plaintiff as evidence of the second sales contract of this case is written by the seller as C who is not the defendant and affixed a C seal.
However, under the agreement of both parties, the agreement between the original owner BD is reached.