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서울북부지방법원 2019.06.12 2018나3173

1. The part against the defendant and the appointed party in the judgment of the court of first instance shall be revoked, and the revoked part shall be applicable thereto;


1. Basic facts

A. The Plaintiff is a licensed real estate agent who runs real estate brokerage business under the trade name of Dongdaemun-gu Seoul Metropolitan Government “D Licensed Real Estate Agent Office”.

B. On November 3, 2016, the Defendant, etc. concluded a sales contract (hereinafter “instant sales contract”) with the Plaintiff to request the purchase brokerage of the land and the building located in Dongdaemun-gu Seoul (hereinafter “instant real estate”). On November 3, 2016, the Defendant, etc. concluded a sales contract (hereinafter “instant sales contract”) with the Plaintiff as the purchase price of KRW 1,920,000 for the instant real estate, between the Plaintiff and G, his father and his agent, who was his agent, as the Plaintiff’s agent.

When concluding the instant sales contract, the Defendant, etc. paid KRW 200 million to G as a check.

C. At the time of entering into the instant sales contract, G had a resident registration certificate, resident registration certificate, passbook, passbook, seal, and a loan contract for State property related to the instant real estate (E) and a receipt for payment of loan fees, and promised to present E’s certificate of personal seal at the time of the payment of the remainder, as it is difficult to communicate with the Plaintiff and the Defendant, etc. while concluding the instant sales contract.

Accordingly, the Plaintiff did not take a separate measure to verify whether the authority to conclude the instant sales contract was delegated to E, and prepared a sales contract (Evidence A 1) by designating G as a representative of E.

However, E, on November 7, 2016, “I do not intend to sell the instant real estate to the Defendant, etc.” and the same month.

8. E sent a text message to the effect that “E did not grant G the right to sell the instant real estate.” On November 9, 2016, E’s mother returned 200 million won down payment to the Defendant, etc.

E. Accordingly, the defendant et al. is the claim claim amounting to KRW 200 million against G, which is the authorityless representative in Suwon District Court Branch.