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(영문) 서울고등법원 2017.07.14 2016나2020204

손해배상(기)

Text

1. Of the judgment of the first instance, the part against the Plaintiff corresponding to the amount ordered to be paid additionally below.

Reasons

1. Basic facts

A. Defendant B, C, and D (hereinafter “Defendant B, etc.”) of the first instance trial (hereinafter “three persons” refers to “B, etc.”) conspired to acquire the forest of this case by using the fact that, prior to registration conversion and partition, J, the owner of G forest land of 26083 square meters (hereinafter “H forest land 20475 square meters, I forest land 545 square meters; hereinafter “the forest of this case”) acquired ownership in 1969 and did not manage the forest of this case but did not change the owner’s address on the registry and did not change the ownership address on the registry, thereby making it different from the actual domicile on the registry.

B. Three parties, including B, asserted that “B and C’s mother purchased the forest of this case from J around March 7, 1970 and required D to manage the forest of this case.” Defendant E, an attorney-at-law, upon introduction of Defendant F, appointed Defendant E as the legal representative, who was an attorney-at-law (the relevant contents of the delegation contract are as follows, and Defendant E signed and sealed Defendant F as the mandatory representative; hereinafter “instant delegation contract”) on July 6, 2010, the Plaintiff and J as the Defendant, and the Seoul Central District Court 2010Ka68812 filed a lawsuit for the claim for ownership transfer registration against the Plaintiff and the J as the Defendant.

(2) The costs of the lawsuit shall be borne by the mandatary together with F (Seoul Seocho-gu T). (3) The mandator must establish the fact that he has purchased the above land (forest) from J on the old day and has managed the said forest by appointing the Manager. (4) The mandatary shall pay to the Manager a sum of five million won in advance with the foregoing F to the mandator. (5) If the mandator wishes to sell the above forest to another person on the part of the mandator, the first decision on whether to sell the forest must be made after obtaining the consent of the mandatary and the above F.

Second, the mandatory must be represented by the seller's agent, and third, the contract deposit, intermediate payment, and balance are received by the mandatory on behalf of the mandator, and fourth, the registration procedure for ownership transfer is also required.