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(영문) 대구지방법원안동지원 2016.05.18 2016가단745
매매대금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The parties' assertion

A. On May 26, 2010, the Plaintiff, who is the Defendant’s agent, entered into a sales contract with C and 31 square meters of 101 square meters of land (hereinafter “instant land”) with the seller (agent C), the purchaser, and the purchase price of KRW 34 million, and paid KRW 34 million to the said C according to the said sales contract.

However, since the above sales contract was terminated by agreement during the late period of the divisional survey and the transfer registration of ownership, the defendant should pay the plaintiff the above KRW 34 million and the delay damages.

B. The Defendant’s assertion did not know at all the sales contract alleged by the Plaintiff, and there was no fact of granting a certain power of representation to C concerning the sale of the instant land.

Therefore, the plaintiff's claim that he/she has the authority to act for the defendant cannot be complied with.

2. The Plaintiff’s claim based on the premise that there is no evidence to acknowledge the Plaintiff’s right of representation as to the sales contract of the Plaintiff’s assertion, is without merit without any need to further examine other points.

3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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