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(영문) 인천지방법원부천지원 2019.07.10 2018가단124678
채무부존재확인
Text

1. It is confirmed that there is no sales contract between the Plaintiff and the Defendant with respect to C apartment units D when light life occurs.

Reasons

1. Basic facts

A. The Plaintiff is a buyer of the number of apartment C apartment units D in light of light life.

B. In early 2017, the Plaintiff intended to sell the sales right of the above apartment (hereinafter “instant sales right”), and E, the Plaintiff’s seat, requested a licensed real estate agent F to sell the instant sales right at KRW 70,000,000 to the licensed real estate agent F.

C. On May 8, 2017, the Defendant expressed an intention to purchase the instant sales right through F’s brokerage, and the Defendant remitted KRW 10,000,000 to E’s account.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Gap evidence No. 2, purport of the whole pleadings

2. Determination

A. On the grounds delineated in the summary of the Plaintiff’s assertion, there is no sales contract between the Plaintiff and the Defendant on the instant right to parcel out. Since the Defendant contests on the premise that the above sales contract exists, it is sought confirmation of the non-existence of the sales contract by the instant lawsuit.

(1) The Plaintiff did not delegate the power of representation to E for the sale of the instant sales slip.

(2) Home Affairs, E had the Plaintiff’s right of representation lawfully.

Even if the defendant did not reach an agreement on the specific contents of the sales contract or the pre-sale agreement, there is no agreement between the defendant and the defendant.

B. (1) Determination (1) The following circumstances, which can be acknowledged by comprehensively taking into account the evidence mentioned above as to the existence of power of representation and the evidence stated in Gap's evidence Nos. 3 through 11, and Eul's evidence No. 1, the purport of the entire pleadings, namely, that the plaintiff is a person who stated E and the sale price, etc. for the sale of the instant right of sale and purchase, and it appears that he entrusted E with the act of negotiating a sales contract, such as physical color, etc., for the buyer, E was also transferred to his account by the defendant, and issued a receipt stating "the plaintiff's agent E", and it was directly contacted with F or the defendant.

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