1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On May 21, 2014, the Plaintiff concluded a real estate sales contract (hereinafter “instant sales contract”) with a view to purchasing at least KRW 100 million for real estate indicated in the separate sheet (hereinafter “instant real estate”) where ownership transfer registration has been completed in the name of the Defendant C and the Defendant, who is the Defendant’s agent.

B. The Plaintiff, while paying the down payment of KRW 10 million to C on the date of the contract, agreed that KRW 50 million out of the remainder shall be the acceptance of the lease deposit repayment obligation and the collateral security obligation, in lieu of the payment.

C. On June 20, 2014, the Plaintiff deposited the remainder of KRW 40 million under the instant sales contract with the Defendant as the principal deposit.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, testimony of witness C at the trial, purport of whole pleadings

2. The parties' assertion

A. The plaintiff's assertion C is the actual owner of the instant real estate with the defendant's authority to act or dispose of, and even if not, the defendant bears the responsibility to act as an expression agent under Article 126 of the Civil Act, and the defendant ratified the instant sales contract by issuing a certificate of personal seal for the sale of real estate to C. Thus, the defendant is obligated to implement the registration procedure for the transfer of ownership based on the instant sales contract

B. The defendant's assertion is not sufficient to accept the plaintiff's claim of this case since the plaintiff did not delegate his power of representation to the plaintiff, the plaintiff cannot respond to the plaintiff's claim of this case.

3. Determination

A. In addition to the purport of the entire pleadings as to whether C is a real owner, it is recognized that C obtained a loan from the Daegu Livestock Industry Cooperatives as collateral on February 3, 2012, and that C’s account is entered in the lease agreement prepared on the instant real estate as a deposit account, but only the above fact of recognition.