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(영문) 서울중앙지방법원 2019.01.11 2018나15283
약정금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. In most of the grounds for appeal by the plaintiff citing the judgment of the court of first instance, most of the grounds for appeal by the court of first instance are not different from the allegations in the court of first instance, and the fact-finding and decision of the court of first instance are justified even if each evidence submitted to the court of

Therefore, the reasons for this court's reasoning are as follows, except for the addition of "2. Additional Determination" as to the allegations added by the plaintiff in this court, so it is identical to the reasons for the judgment of the court of first instance.

2. Additional determination

A. Of the agreement in this case, the agreement in this case, which is one of the passive litigation requirements of relevant legal principles, is invalid. The agreement in this case, which is one of the parties to the agreement, is permissible when it is limited to a specific legal relationship as it is within the scope of the right to be disposed of, and is valid when it is anticipated at the time of the agreement (see Supreme Court Decision 98Da63988, Mar. 26, 199). The part in the agreement in this case, which recognizes a compulsory execution under the Plaintiff’s name E, cannot be deemed as an act of non-authorized agency without the Plaintiff’s legitimate power of representation and within the scope of the right to be disposed of by the Plaintiff. In addition, the agreement in this case was concluded on March 18, 2015 as an agreement related to all rights and obligations between the Plaintiff and the Defendant, and the agreement in this case was not limited to a specific legal relationship, and the Defendant could not sell the real estate at the time of the agreement in this case’s agreement to H on May 29, 2016.

As such, the part of the agreement in this case regarding the denial of an action is null and void because it does not meet the requirements.

3) First, the instant agreement covers the rights and obligations arising from the time the agreement is reached between the Plaintiff and the Defendant.

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