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(영문) 서울고등법원 2018.08.31 2017나2033856

소유권이전등기

Text

1. Of the judgment of the first instance, the Plaintiff (Counterclaim Defendant)’s primary principal claim against the Plaintiff (Counterclaim Plaintiff) and Defendant D.

Reasons

1. The first instance court accepted the plaintiff's main claim against the plaintiff's main claim against the plaintiff's main claim against the plaintiff's main claim, and thus, did not render any judgment as to the main claim against the conjunctive defendant C and D, and dismissed the plaintiff's main claim against the conjunctive defendant C and D.

Accordingly, the main defendant B, among the judgment of the court of first instance, appealed against the plaintiff's main claim against the defendant B and the main claim against the defendant B, respectively.

Therefore, not only the plaintiff's main claim against the defendant B who appealed against the defendant B and the main claim against the defendant B, but also the plaintiff's main claim against the defendant B and each main claim against the conjunctive defendants are subject to the trial.

2. The reasoning for this part of the reasoning is the same as that of the judgment of the court of first instance, and thus, this part of the reasoning is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. Judgment on the main claim

A. The plaintiff asserted that the contract for sale in this case was concluded with the plaintiff on behalf of the defendant C within the scope of the power of attorney granted by the defendant C, and even if it was an act beyond the power of attorney of the defendant C, the plaintiff has a reasonable ground to believe that the contract for sale in this case was an act beyond the power of attorney of the defendant C, so the defendant B has a duty to perform the procedure for registration of ownership transfer of each real estate stated in the separate sheet as a seller under the contract for sale in this case. However, in the case of the real estate listed in paragraph (3) of the separate sheet, the defendant B has a duty to pay 80 million won out of the sale price to the plaintiff temporarily, so the plaintiff is obligated to pay the above money and perform the procedure for registration of ownership transfer.

As to this, Defendant B, the instant case.