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1. The defendant's appeal is dismissed.
2. The costs of appeal are assessed against the defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. The Defendant Company, whose main business purpose is real estate consulting business, sales business, etc., was to carry out the sales of approximately 25 stores among the Seoul Songpa-gu Seoul Metropolitan Commercial Building Co., Ltd. (hereinafter referred to as the “Korea Asset Trust”), which are sold by Korea Asset Trust Co., Ltd. (hereinafter referred to as the “Korea Asset Trust”).
B. On December 26, 2013, the Plaintiff entered into an agreement with D, which introduced himself as the president of the Defendant Company, that the Plaintiff shall preferentially purchase 22,710,000,000 won of the sale price, and pay 95,00,000 won of the name of the premium in addition to the sale price (hereinafter referred to as the instant agreement), and paid D a premium of KRW 95,00,00 to D on the same day, and deposited 2,271,00 won of the sale price to the account of the Korean asset trust, which was known to D.
C. However, on December 22, 2013, the transfer of the instant agreement, H already entered into an agreement with G to sell the instant store in lots. D.
G around January 10, 2014, around January 10, 2014, concluded a sales contract on the instant store between the event of the Si such as Korea Asset Trust, etc.
[Ground for Recognition: Facts without dispute, Gap evidence 1 through 9, each entry of Gap evidence 20, purport of whole pleadings]
2. The parties' assertion and judgment
A. The plaintiff asserts that the agreement of this case was concluded between the defendant company and the defendant company whose representative D was D, and therefore the party to the agreement is the defendant company, and since the store of this case was sold to G, a third party, and the execution of the agreement of this case was impossible, the defendant company is liable for compensating for damages for the loss incurred by the impossibility of performance.
As to this, the defendant company, D, the defendant company.