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(영문) 서울중앙지방법원 2019.10.08 2018가합586385
소유권이전등기
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant B”) is the executor and contractor of the business that newly constructs and sells BG and BH lending (hereinafter “BI”) on each ground of Dobong-gu Seoul Metropolitan Government, Dobong-gu, and BF, and the Defendants indicated in the “Defendant” column BJ, Defendant AB, and attached Table 1 are the members of BH lending reconstruction Association (hereinafter “BH members”) or their successors.

B. On November 7, 2014, Defendant B entered into a sales agency contract with BK Co., Ltd. (hereinafter “BK”) and delegated BK with the authority to sell BI.

C. On May 13, 2015, the Plaintiff entered into a sales contract in which each of the real estate listed in the separate sheet No. 228,000,000 (hereinafter “instant real estate”) was sold in total at KRW 684,00,000 (hereinafter “instant sales contract”). The Plaintiff paid KRW 105,00,000 out of the price to BK, while providing documents necessary for the registration of transfer of ownership as to the Nam City BL and BM land, BK sold the said BL land to BN on March 7, 2016 and completed the registration of transfer of ownership.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, 7, Eul evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff's assertion

A. The Plaintiff, as the primary cause of the claim, concluded the instant sales contract with Defendant B by lawful representation of BK, which is the agent of Defendant B.

Even if the right of representation of BK is not recognized, Defendant B granted the authority to carry out the sale-related business to BK, and Defendant B bears the responsibility of expression representation because there is a justifiable reason for the Plaintiff to believe that the Plaintiff had a legitimate authority to act on behalf of the Defendant B.

On the other hand, members of BH agreed to transfer their share ownership to the buyer designated by Defendant B by concluding a share ownership contract for new construction between Defendant B and Defendant B.

Therefore, the Plaintiff.

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