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1. Defendant C’s KRW 55,00,000 and the Plaintiff’s annual rate of KRW 5% from July 1, 2013 to October 14, 2015.
Reasons
1. Basic facts
A. On November 5, 2009, Defendant C’s mother, on behalf of Defendant C, concluded a sales contract with the Plaintiff on behalf of Defendant C, setting the following terms: “All rights pursuant to Incheon-gu Seoul Metropolitan Government D and E apartment complex occupancy rights (hereinafter “instant occupancy rights”) as the price of KRW 45 million (hereinafter “instant purchase rights”).
Paragraph 6 of the Clause of the instant sales contract provides for a repurchase right agreement with the content that the Defendant would bring about KRW 65 million if the Defendant C wishes.
B. Around that time, the Plaintiff paid KRW 45 million to Defendant B the purchase price of the instant occupancy right.
C. Around October 8, 2012, Defendant B prepared a written agreement on the payment of the refund of the purchase right refund (hereinafter “Agreement”) with the Plaintiff as “seller C,” “Person Entrusted,” “Defendant B,” and “Plaintiff,” with the following contents attached thereto, and the instant agreement signed between Defendant B and the Plaintiff’s seal.
On November 5, 2009, Defendant C agreed to sell a sales contract for E-House occupancy right (Defendant C) and pay to the Plaintiff by June 30, 2013 the refund amounting to KRW 65 million under this contract’s special agreement.
However, if the sale contract has been resold, the entire refund shall be paid to the Plaintiff at the same time as the remainder (before the payment date).
Provided, That as part of the refund amount has already been paid 10 million won, the balance shall be paid at the rate of 5 million won (return).
[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 3, purport of whole pleading
2. The assertion and judgment
A. In the light of the Plaintiff’s assertion, even if Defendant B did not have the authority to prepare the instant agreement on behalf of the Defendant C, Defendant C bears the burden of expressive representation pursuant to Articles 129 and 126 of the Civil Act, and Defendant C is obligated to pay KRW 55 million to the Plaintiff in accordance with the instant agreement.