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(영문) 대전고등법원 2017.01.20 2016나12326

토지매매계약금반환 등

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1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

1. The reasoning for the court’s explanation of this case is as stated in the reasoning of the judgment of the court of first instance, except where the court of first instance misleads the court of first instance as follows. Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(5) On the 4th following the 10th 10th 10th 10th m, the J was indicted for the following facts: “A evidence 2, 4, and 4” in the 4th m 11th m m 11th m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m, m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m., and m m m m m m m.

Even if the Plaintiff did not grant the power of representation to the J to conclude the instant secondary contract, the instant secondary contract was concluded by the J beyond the scope of its fundamental power of representation under the status of granting the Plaintiff’s fundamental power of representation, and the Defendant had justifiable grounds to believe that the J has the authority to conclude the instant secondary contract on behalf of the Plaintiff, and thus, the Plaintiff is liable for expressive representation against the Defendant pursuant to Article 126 of the Civil Act.

In addition, even if the Plaintiff did not have the responsibility to act as an expression agent, the Plaintiff ratified the act of unauthorized representation by J after the conclusion of the instant secondary contract. Therefore, the Plaintiff still has to perform the obligation under the instant secondary contract.

Ultimately, between the Plaintiff and the Defendant, each of the instant real estates.