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1. The judgment of the court of first instance is modified as follows.
The plaintiff's primary claim against the defendant B.
Reasons
Basic Facts
The reasoning for this part of this Court is as stated in Paragraph 1 of the reasoning of the judgment of the court of first instance, and thus, this part is cited in accordance with Article 420 of the Civil Procedure Act.
The reasoning of this part of the court's assertion is the same as that of Paragraph 2 of the reasoning of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the
As to the assertion of the right of representation as to the claim against the primary defendant company, the following facts are comprehensively taken into account: ① the letter of evidence No. 4 and the purport of the entire argument as to the claim against the primary defendant company: (i) the proxy letter of delegation by the defendant company to the authority of the sales contract, etc. as to the "non-party No. 14 households of this case," and the above 14 households did not contain the content that the apartment No. H of this case is included; (ii) it is impossible to find the existence of the right to sell the apartment No. D of this case. ② The sales contract of this case was concluded by the defendant C, not by the delegated authority of the sales contract, etc. by the defendant company, but by the non-party No. 1,00 million won which the plaintiff transferred to the above Daegu bank account under the name of the defendant company; and (iii) in light of the fact that the part payment No. 20 million won was transferred to the account of the defendant C on the date of transfer, there is no evidence to acknowledge that the right of representation.
With respect to the assertion of expression representation, an expression by the indication of granting of power of representation under Article 125 of the Civil Act is made with a third party on behalf of the principal and the person who performed the act on behalf of the principal without relation to the nature of basic legal relations or the existence of validity thereof.