손해배상(기)
1. The judgment of the court of first instance is modified as follows.
The Defendants shall jointly and severally serve as the Plaintiff KRW 52,79,808 and 13.
1. Facts of recognition;
A. From July 5, 1975, the registration of preservation of ownership was made in the name of EM (hereinafter “instant clan”). The net B was the member of the instant clan from February 2004, and L was elected as the representative of the instant clan and continued to maintain his representative until March 2009, when L was elected as the representative of the instant clan from March 2004.
B died on December 22, 2013, and Defendant D, a child of B, became a sole heir.
B. On May 23, 2007, the Plaintiff serving in the real estate brokerage office in the process of concluding a sales contract for the first time, introduced the instant land to H seeking a site for the relocation of a factory, delegated all the authority for the purchase thereof, and consulted with G to the effect that the owner of the instant land was delegated with the authority for sale. At the time, G is the head of the instant clan as the O clan of M. M., which is the higher clan of the instant clan.
N, a representative of the land of this case, shows the power of delegation and N’s certificate of seal impression on April 2, 2007, stating that the power of delegation to G was delegated to G.
Accordingly, on June 20, 2007, the Plaintiff paid KRW 30 million to G as the provisional contract amount for the sales contract for the instant land, and G prepared and issued a receipt for the above KRW 30 million to the Plaintiff in the name of the representative of the instant clan.
After that, while the Plaintiff became aware through G that the owner of the instant land was a clan of this case, not a MM, the Plaintiff entered into a sales contract for H and 400 million won on September 3, 2007 by having himself as the agent of the instant clan, with regard to the instant land.
(hereinafter referred to as “the first sale contract”). The sales contract (No. 25 No. 10) prepared at the time includes the name of N in the name of the representative of the clan of this case, the seller, and the down payment of KRW 40 million is KRW 160 million on the day of the contract, and the intermediate payment is KRW 160 million on the day of the contract.