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1. The plaintiff's primary defendant B and the conjunctive defendant C, D, and E Association are all dismissed.
2...
Reasons
1. Basic facts
A. The real estate indicated in the attached list (hereinafter “instant real estate”) is an unauthorized building, and the owner of the instant real estate without permission is indicated as Defendant B.
B. On June 19, 2017, F drafted a sales contract with the Plaintiff and the Plaintiff, on behalf of Defendant B, a mother of Defendant B, selling the instant real estate (hereinafter “instant sales contract”).
C. At the time, F entered the seller column of the sales contract of this case in the seller column of Defendant B and the sales agent column in G, and D’s name in the broker column.
In the instant sales contract, Defendant B’s entries on the instant real estate in KRW 165 million shall be sold to the Plaintiff, but the down payment of KRW 34 million and the intermediate payment of KRW 26 million shall be paid on the date of the contract. The remainder of KRW 15 million shall be paid on August 15, 2017, and the remainder of KRW 60 million shall be paid on August 15, 2017, and the amount of KRW 60 million among them shall be substituted by the acquisition of KRW 60 million with the obligation to return the deposit.
E. The F died on April 8, 2019 (hereinafter “the deceased”), and the Defendant C is the deceased’s father.
[Reasons for Recognition] Gap evidence Nos. 1, Eul evidence No. 1, Eul evidence No. 1, Eul No. 1, and 6, the purport of the whole pleadings
2. Summary of the parties' arguments;
A. The gist of the Plaintiff’s assertion (1) is that the actual owner of the instant building claimed against the primary Defendant B is the mother of Defendant B, and the Deceased was delegated by G with the authority to dispose of the instant building, and entered into a sales contract with the Plaintiff.
The Plaintiff paid to the Deceased KRW 30 million out of the sum of down payment and intermediate payment KRW 60 million, and the remainder of KRW 30 million was due to the amount that the Deceased would have to pay to the Plaintiff, and the Deceased paid to G. Of the amount, the Deceased agreed to pay KRW 35 million out of the amount of money, excluding KRW 65 million in lieu of the obligation to return the deposit for the deposit for the deposit for the lease on a deposit basis, and the Deceased agreed to pay the remainder of KRW 10 million on behalf of the Plaintiff.