매매대금반환 등
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Basic Facts
The Defendant was the owner of 2,476 square meters of C forest land in Sejong-si (hereinafter “Gu forest”). As to the Gu forest land, the Seo-gu Daejeon Credit Union set the maximum debt amount of 309,400,000 won, the debtor’s right to collateral security (hereinafter “instant right to collateral security”) with respect to the Gu forest land, and 30 years from April 20, 2012, and superficies without rent (hereinafter “the instant superficies”).
On 2012, the defendant requested L to sell old forest land, L called the buyer to his her son, and D introduced old forest land to K, the plaintiff's agent.
On June 12, 2012, K and D sold to the Plaintiff KRW 345,00,000 (in case of a contract, KRW 100,000,000 for intermediate payment, KRW 50,000 for intermediate payment, KRW 50,000 until July 31, 2012; KRW 195,00,000 for each payment until September 30, 2012), however, at the office of licensed real estate agents E, the Defendant concluded a sales contract with the Plaintiff to cancel the registration of the establishment of a mortgage and the registration of the creation of a superficies in the instant case.
(hereinafter “instant sales contract”). Although at the time D did not have documents to prove that D had been granted the power of representation for the said sale from the Defendant, such as the Defendant’s power of delegation, K did not have any verification as to the conclusion of the instant sales contract to the Defendant.
D After the conclusion of the instant sales contract, the Plaintiff demanded the agent K to transfer the down payment of KRW 100,000,000 (hereinafter “the down payment in this case”) to the bank account in the name of E. On the same day, the Plaintiff wired the down payment in this case to the account in the name of E without the Defendant’s consent or confirmation.
The Defendant listens to the fact that the instant sales contract was concluded by D without the Defendant’s consent, and receives “B only the purchase price is paid.”
The purchase price or the sale price shall not be interrupted.