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(영문) 서울고등법원 2021.01.14 2020나2026704

매매계약무효확인

Text

1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

the purport and purpose of the claim;

Reasons

1. The reasoning of the judgment of the court of first instance, which cited the reasoning of the judgment of the court of first instance, is written as follows. The reasoning of the judgment of the court of first instance, which cited the reasoning of this case, is to be cited as the reasoning of the judgment of the court of first instance, except for the addition of the judgment of the Plaintiff’s new argument to this court as stated in paragraph 2. Thus, it is to be cited in accordance with the main sentence of Article 420

3 The part of " October 31, 2019" in the 10th 10 reduction shall be referred to as " October 30, 2019".

8The following shall be added to the 7th place below:

The plaintiff in this Court ? The plaintiff did not have agreed on the sales contract in this case.

It is because C did not leave the Plaintiff’s seal to affix his seal to the meaning that he was requested to sell and purchase real estate.

On April 24, 2019, the Plaintiff sought at C’s brokerage office around 10:00 and return documents bearing the seal.

The statement was made to the effect that C rejected the request for tearing.

In light of the aforementioned circumstances, it is difficult to believe the Plaintiff’s above statement as it is.

[....]

2. Determination on addition

A. 1) The Plaintiff’s assertion 1) concluded the instant sales contract on behalf of the Defendant on behalf of the Plaintiff even though C did not obtain the power of representation for the conclusion of the instant sales contract from the Plaintiff, and thus, the instant sales contract is null and void by an unauthorized representation.

It is not so.

However, C entered into the instant sales contract on behalf of the Plaintiff and the Defendant, and both acts on behalf of the Plaintiff and the Defendant violate Article 124 of the Civil Act and Article 33 (1) 6 of the Private Brokerage Act, and thus, the instant sales contract is null and void.

2) The act of brokerage is defined as mediating the transaction, exchange, lease, and other acts concerning acquisition, loss, and transfer of rights between the parties to the transaction regarding the object of brokerage, and the act of brokerage can be easily constituted between the parties to the transaction, etc.

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