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(영문) 서울서부지방법원 2018.08.17 2017나36165

기타(금전)

Text

1. The plaintiff's appeal is dismissed.

2. Of the costs of lawsuit after filing an appeal, the part resulting from participation.

Reasons

1. The reasoning of the judgment of the court of first instance for the acceptance of the judgment is as follows: (a) by adding "I or J representing the defendant" to "I or J on behalf of the defendant"; (b) by adding "I or J"; (c) by "A and A No. 26 (Written Statement of Certification)"; and (d) Chapter 3, Section 4, Section 3, Section 4, Section 3, Section 11, Section 3, "(the defendant is from 3 to 3, respectively."

“B.” The Defendant denies the authenticity of the evidence Nos. 2 and 3, and there is no evidence to prove that, among the evidence Nos. 2 and 3, the following seals of the Defendants’ names were affixed by the Defendants’ seals. Rather, in full view of the overall purport of the pleadings as to the testimony of the first instance court and the first instance trial witness I, each of the above seals Nos. 2 and 3 is acknowledged to have been affixed by I or J with the seals affixed to the Defendants’ names. In addition, there is no evidence to prove that the I or J affixed the Defendants’ seals and delegated the Defendants with the authority to assume the obligation of compensation and purchase real estate on behalf of the Defendants, the evidence Nos. 2 and 3 cannot be admitted as evidence.

In addition, the evidence submitted by the Plaintiff except for the evidence Nos. 2 and 3 is sufficient to recognize only that the Defendants intended to purchase the instant building, and further, it is insufficient to recognize that the Defendants entrusted I or J with the authority to sell the instant building as alleged by the Plaintiff, and accordingly, I or J concluded a sales contract on behalf of the Defendants on behalf of the Defendants. Furthermore, even if the Defendants were to have concluded a sales contract on the instant building, it is recognized that the Defendants, as a matter of course, delegated the Plaintiff’s obligation to D or E, a seller, by means of payment of purchase price, to the Plaintiff.