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(영문) 인천지방법원 2016.06.10 2014가합55020

매매대금반환

Text

1. The defendant (Counterclaim plaintiff) B is about the real estate stated in the separate sheet from the plaintiff (Counterclaim defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Grounds for filing a principal lawsuit and a counterclaim (the principal lawsuit and a counterclaim shall be presented for each relevant issue in total);

A. A. Around August 30, 2012, the Plaintiff entered into a contract for the sale of a factory with Defendant B, the representative of the co-owners of part of the E (i.e., F., 1,376 square meters in total) of the land in Kimpo-si, Kimpo-si, and entered into a contract for the sale of a factory with the content of the purchase of land and buildings en bloc by constructing a 440 square meters of a steel-frame factory on the land in question, etc. The Plaintiff, as the agent or performance assistant of Defendant B, was in charge of the construction of a new factory. Since the construction of a new factory was practically impossible due to Defendant C’s de facto impossibility of performing the contract due to its detention, the Plaintiff’s delivery of a duplicate of the complaint in this case as the delivery of the above contract to the Plaintiff. Therefore, the Plaintiff is not obligated to pay the Plaintiff the total amount of KRW 1,376 square meters in total due to restitution and compensation for damages under the contract for the sale of a factory in this case.

Even if the plaintiff entered into a contract for the sale of the above factory with the defendant Eul, who is the representative of the defendant Eul at the same place, the defendant Eul is responsible for the representation of the entire contract for the sale of the factory by Article 125 of the Civil Code, etc.

(A) Furthermore, the Plaintiff entered into a factory sales contract with the content that Defendant C act on behalf of the Defendant as above and that Defendant B act on behalf of the Defendant, with the knowledge of the fact that Defendant C act on behalf of the Defendant, and thus, the contract is concluded.

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