매매대금반환
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
The Plaintiff asserted that the right of representation exists and entered into a contract with the Defendant to purchase 520 square meters (hereinafter “instant land”) prior to the YY E, Jeonbuk-gun, Jeonbuk-gun, and paid KRW 29,200,000 out of the down payment to the Defendant via D (hereinafter “D”).
Since then, the Defendant transferred the ownership of the above land to D, and the ownership was transferred to another person.
Therefore, since the plaintiff cancelled the above sales contract on the ground of impossibility of performance, the defendant is obligated to pay the plaintiff KRW 58,400,000, a double of the down payment.
The defendant did not confer the power of representation on D to sell the land of this case.
On November 20, 2015, the Plaintiff and the Defendant entered into a sales contract for the instant land (Evidence A; hereinafter referred to as the “instant sales contract”), and the said sales contract was entered into by D on behalf of the Defendant.
At the time of the instant sales contract, the power of attorney in the name of the defendant was prepared and attached (No. 2). This is written by F, a representative of D, with the seal imprint of the defendant.
However, as examined below, whether F has affixed the Defendant’s seal imprint on the power of attorney with legitimate title delegated by the Defendant, is related to whether D has obtained the Defendant’s comprehensive authorization with respect to the disposition of the instant land. Accordingly, we agree with this conclusion.
(C) A witness F bears the duty of care for the disposal of the instant land in light of the following: (a) a witness F bears the duty of care for the disposal of the instant land as a whole; and (b) a witness F bears the duty of care for the disposal of the instant land in light of the following: (c) a witness F bears the duty of care for the disposal of the instant land as a whole; and (d) a person who bears the duty of care for the disposal of the instant land as a whole; and (d) a person who bears the duty of care for the disposal of the instant land as a juristic person; (e)
. Determination.