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(영문) 창원지방법원밀양지원 2015.10.14 2015가단11658
손해배상(기)
Text

1. The Defendant: (a) KRW 139,900,000 for the Plaintiff and 5% per annum from October 3, 2013 to July 17, 2015.

Reasons

1. Facts of recognition;

A. On April 18, 201, the Plaintiff entered into a contract with the Defendant on the purchase of each real estate listed in the separate sheet owned by C (hereinafter “instant real estate”) at KRW 139,900,000 (hereinafter “instant sales contract”). Around that time, the Plaintiff transferred the down payment and remaining payment to the Defendant, and completed the ownership transfer registration on April 26, 201 with respect to the instant real estate on April 18, 201 (hereinafter “instant ownership transfer registration”).

B. On March 19, 2011, C entered into a low-cerebral disease and received hospitalized treatment at the Ulsan National University Hospital from around that time. Around April 2011, at the time of the instant sales contract and the registration of transfer of ownership, it was in a state of uncertainty and confusion due to the above cerebral disease, and B, despite the fact that C had not been delegated by C with the consent to sell the instant real estate or the preparation of a sales contract, upon acquiring the qualification as a proxy of C on April 18, 2011, prepared a sales contract, which is a private document concerning rights and duties, with the use of the qualification as a proxy, and exercises it, and delegate all acts related to the application for registration on the same day affixed C’s seal with C’s proxy seal affixed to C’s proxy seal affixed to C’s name, and forged C’s power of delegation, the use of the said investigation document, the preparation of qualification documents, and the preparation of qualification certificate documents, and finally became final and conclusive as C’s criminal facts in the instant case.

C. C asserts that the Plaintiff had not been granted the power of representation by the Defendant under Changwon District Court 201Kadan229, the Defendant concluded a sales contract on the instant real estate with the Plaintiff without authority and completed the registration of ownership transfer to the Plaintiff. The registration of ownership transfer, which is the invalidation of the cause of the act of unauthorized representation, is the registration of ownership transfer of the instant case.

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