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1. The judgment of the court of first instance is modified as follows.
The part of the plaintiff's main claim against the defendant B and its main claim.
Reasons
1. Basic facts
A. On July 7, 2009, the Plaintiff entered into a sales contract with the Korea National Housing Corporation (the Korea Land and Housing Corporation was merged with the Korea Land and Housing Corporation on October 1, 2009) for the sale price of KRW 5,012,250,000, E-gi-si in light of light and light, and for the sale price of KRW 501,225,000 among the sale price, the Plaintiff paid the down payment of KRW 4,51,000 on the date of the contract (hereinafter “instant sales contract”) and paid the down payment as of July 7, 2010 (hereinafter “instant sales contract”).
B. The Plaintiff and Defendant B and D agreed to share the down payment of the instant sales contract in 1/3 each. Accordingly, on July 8, 2009, the Plaintiff received KRW 170,000,000 from Defendant B, and KRW 165,612,50 from D, respectively.
C. As above, the Plaintiff, Defendant B, and D (hereinafter referred to as “Plaintiff, etc.”) who shared the down payment of the instant sales contract at the same time failed to prepare any balance arising from the instant sales contract after the said contract was concluded, and agreed to collect the down payment already paid by selling the status of the buyer of the instant land under the name of the Plaintiff (hereinafter “instant sales contract”).
Accordingly, the Plaintiff and D have drawn up a power of delegation to Defendant B to delegate the authority to resell the instant parcelling-out (hereinafter “the instant power of delegation”) with the following contents, and at this time, three persons including the Plaintiff, etc. signed the said power of delegation and confirmed the delegation relationship clearly.
The power of attorney of this case fully delegates the sale of the land to Defendant B, one of three persons who jointly invested in the land of this case as a contractor of the land of this case. Desiring to the sale amount of KRW 300,000,000 for the land of this case. Of three persons, there is no objection to the preferential treatment of the above amount.
As above, the Plaintiff and D have the right to sell the instant case.