소유권이전등기절차이행청구등
1. The plaintiffs' lawsuit against the defendant D is dismissed.
2. The plaintiffs' claims against Defendant C are dismissed.
2...
1. Summary of the plaintiffs' assertion
A. On December 7, 2009, the Plaintiffs entered into a sales contract with Defendant C to purchase each real estate listed in paragraphs (1) through (3) of the attached Table 1 (hereinafter collectively referred to as “each of the instant real estate”, and each of the said real estate is specified as an port number) in the purchase price of KRW 943,350,000 (hereinafter “instant sales contract”). The Plaintiffs agreed to pay the intermediate payment of KRW 370,000,000 until January 27, 2010, and the remainder of KRW 273,350,000 until April 20, 2012, respectively.
B. The Plaintiffs paid down payment and intermediate payment to Defendant C pursuant to the instant sales contract, but Defendant C had completed the registration of transfer of ownership as stated in the purport of claim invalidation, by pretending to sell and sell the real estate Nos. 2 and 3 to Defendant D.
C. Therefore, the Plaintiffs, on behalf of Defendant C, seek implementation of the procedure for registration of cancellation of ownership transfer registration on the real estate Nos. 2 and 3 in subrogation of Defendant C, and for Defendant C, implementation of the procedure for registration of ownership transfer on each of the instant real estate.
2. Determination
A. (1) As to the claim against Defendant C, there is evidence that conforms to the allegations that the Plaintiffs concluded the instant sales contract with Defendant C, but the Defendant C denies the recognition of its establishment, and the Plaintiffs also stated that the instant sales contract was concluded with E and F, who was entrusted with the disposal of real estate without the attendance of the Defendant C at the second date for pleading. As such, the fact that E and F represented Defendant C at the conclusion of the instant sales contract can be deemed as asserted in pleading.
(2) As to whether E/F was authorized to enter into the instant sales contract on behalf of the Defendant C upon delegation by Defendant C of the disposition of each of the instant real estate, No. 1-10, No. 7-10, and No. 1-2.