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1. Revocation of the first instance judgment.
2. The plaintiff's claim and the plaintiff's claim, including any addition to this court.
Reasons
1. Basic facts
A. The Plaintiff’s status was adopted by the deceased C (hereinafter “the deceased”) around March 1972 around the time of birth, and became the natural father’s report of birth. The Plaintiff is the only inheritor of the deceased, who was married and resided together until her birth.
B. D’s vicarious execution of D’s sales contract on the instant store 1) On November 21, 2012, D, a partner of the deceased, is the deceased’s agent, and sold the instant store in KRW 120 million to the Defendant (hereinafter “instant sales contract”).
(2) The above sales contract concluded a contract amounting to KRW 10 million on the date of the contract, the intermediate payment of KRW 50 million on December 15, 2012, and the remainder of KRW 60 million on December 24, 2012, respectively; however, the Defendant succeeded to the lease contract (a security deposit of KRW 10 million, a monthly rent of KRW 500,000) on the instant store and instead deducted the remainder of KRW 10,000 from the remainder when paying the remainder.
3) D directly received the down payment of KRW 10 million on the date of the conclusion of the above sales contract. D’s transfer of ownership to the instant store, etc. (1) The deceased was issued a certificate of personal seal impression for real estate transactions at the Dong-gun District Administrative Welfare Center on November 23, 2012.
2) On December 18, 2012, the Deceased demanded the Defendant to appear directly from the Defendant to receive KRW 50,000,000 from the Defendant as an intermediate payment under the instant sales contract, and prepared a receipt to the Defendant. On December 24, 2012, the Deceased received KRW 50,000,000 (the remainder of the contractual terms less KRW 10,000,000,000, which the Defendant succeeded to as the remainder of the contractual terms) as the remainder of December 24, 2012 (this receipt was drafted by E that arranged the sales contract.
(3) On December 31, 2012, the Defendant was based on the certificate of personal seal impression and the certificate of delegation verification and delegated verification, and the instant store.