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(영문) 서울북부지방법원 2016.10.21 2015나32163

부동산소유권이전등기 말소

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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of premise;

A. (1) On December 6, 2012, the Defendant’s mother P prepared, on behalf of the Defendant, a sales contract consisting of KRW 690,000,000 for the instant real estate, etc., and the seller, the buyer, and the buyer, as the Defendant (hereinafter “first sales contract”).

At the time of the preparation of the Sheshed No. 1 sales contract, D did not carry the Plaintiff’s power of delegation or seal impression that can prove the Plaintiff’s delegation, and the sales contract was affixed with a seal other than the Plaintiff’s seal impression.

Article 12(1) of the Civil Act provides that “The buyer shall pay 50,000,000 won out of the down payment 70,000,000 won to the seller immediately upon confirmation of the seller’s documents, and the seller’s agent shall be liable for all civil and criminal matters if any problem arises in the power of representation.”

B. Around December 14, 2012, P and D entered into a sales contract (hereinafter “second sales contract”) retroactively from December 6, 2012, 2012, on which the subject matter of the first sales contract is limited to the instant real property and the date on which the sale price is KRW 51,000,000, with I’s presence.

D. The Plaintiff’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s

Article 22(1) of the Civil Act provides that “The Plaintiff shall have the authority to delegate the Plaintiff’s seal impression and the authority to dispose of the said real estate to three persons, including H, to delegate all contractual acts including the past regarding the instant real estate to D at the time.”

C. (1) On December 18, 2012, the Defendant filed an application for ownership transfer registration with the same content as the second sales contract with respect to the instant real estate.