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1. Of the judgment of the court of first instance, the part against the Defendant-Counterclaim Plaintiff is revoked, and that part constitutes the revoked part.
Reasons
Basic Facts
A. On May 13, 2013, the Plaintiff did not have any evidence to deem that the Defendant and its wife C signed the instant sales contract on behalf of the appointed party, and thus, the Defendant and the appointed party are deemed to have concluded the instant sales contract on their own.
(2) The lower court concluded a sales contract on June 28, 201 with respect to the instant real estate on June 28, 2013, on the following grounds: (a) the real estate listed in the separate sheet (hereinafter “instant real estate”; and (b) the real estate listed in paragraph (2) of the separate sheet (hereinafter “instant building”) owned by the Plaintiff was sold at KRW 1,177,000,000; and (c) the down payment of KRW 30 million and the intermediate payment of KRW 100,000 on May 28, 2013; and (d) the remainder of KRW 1,000,000,000 on June 28, 2013; and (e) concluded a sales contract on June 364, 200,000 won in the name of the Cheongju Central Credit Union on the instant real estate, as well as the lease deposit for the instant building, in lieu of partial payment of the remainder.
B. Although the building of this case stated that the second floor on the building ledger is the second-class neighborhood living facilities and there are two-households in each of the third and fourth floors, it actually changes the use of the second floor neighborhood living facilities into a residential building without permission, and increases the number of households of 3 and 4 to 4 households, and uses a rooftop by extending the number of households.
C. The instant sales contract is a special agreement stating that “a contract is made in the present state of a facility. A certified copy of the register, building register, and land use confirmation document shall be confirmed and attached. A seller and a buyer simultaneously answers the site and explained about the interior facilities and building register.” In addition, the object confirmation and explanatory note attached to the sales contract is stipulated as “whether a non-compliant building is in the building ledger; a non-compliant building is in violation of the building ledger; and a violation violation is used as a building: the root portion; the number of households increases.”