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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The reasoning of the court’s explanation concerning this case is as follows, except for adding the following judgments to Chapter 6, 9, and below, the reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance. Thus, this is accepted by the main sentence of Article 420 of
2. Furthermore, the part added the judgment, the Plaintiff asserts to the effect that there exists a sales contract between the non-party union and C on July 14, 2005 on the apartment of this case, and that C, the purchaser, did not settle the actual purchase price to the Hanjin Construction, a creditor under the accord and satisfaction agreement between the non-party union and the Jinjin Construction, and thus, did not pay the purchase price in full. As such, the non-party union may rescind the sales contract to C on the ground of such non-performance and accordingly has the right to claim cancellation of the registration of transfer concerning restitution. In this case, the Plaintiff also constitutes a third party as stipulated in the proviso of Article 54
However, since F prepared a sales contract between the non-party union and non-party C with respect to the apartment of this case without any authority, it cannot be deemed that the sales contract was concluded between the two parties. The fact that the transfer registration of ownership in the name C was completed without relation to the cause is nothing more than that of the above.
Therefore, unlike the above recognition, the plaintiff's above assertion, which was based on the premise that the sales contract was effective between the non-party union and the non-party C, and was rescinded due to the non-performance of obligation, is without merit.
3. In conclusion, the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.