beta
Text
The judgment below
The part against the defendant is reversed, and that part of the case is remanded to the Panel Division of the Seoul Central District Court.
Reasons
The grounds of appeal are examined.
1. In order for a contract to be concluded, there must be a mutual agreement between the parties, and such mutual agreement should not be required with respect to all matters forming the content of the contract in question, but there should be an agreement with respect to its essential elements or important matters, or at least on standards and methods that may specify them in the future.
On the other hand, in a case where there is no agreement between the parties on the matters that the agreement between the parties should be made, the contract shall not be concluded unless there are special circumstances.
(2) On August 6, 201, the Plaintiff asserted that there was an agreement between the Plaintiff and C on March 23, 2001 (see Supreme Court Decision 2000Da51650, Mar. 23, 2001) that the Plaintiff lent the name of C and the Korea Land and Housing Corporation (hereinafter “Housing Corporation”) to apply for the parcelling-out of the F detached Houses when the Plaintiff developed it into the housing site on August 6, 201. However, in the event that the application for the parcelling-out is won, C has an agreement that changes the name of the buyer to the Plaintiff as the Plaintiff’s request (hereinafter “instant agreement”). The Defendant asserted that there was no such agreement between the Plaintiff and C.
Based on adopted evidence, the lower court: (a) obtained a loan of KRW 250 million from a corporate bank on December 10, 2010 from the corporate bank and remitted KRW 250 million to C on the 13th of the same month as the subscription money for the instant real estate; (b) C paid the said KRW 25 million to the Housing Corporation on the 15th of the same month; and (c) on December 20, 2010, C prepared a power of attorney to delegate all the conclusion of the instant contract with the Plaintiff on the instant real estate with the Housing Corporation; and (d) on December 27, 2010, the Plaintiff obtained a certificate of personal seal impression, seal imprint, and a certified copy of resident registration, etc. of the said real estate from C’s wife, as the qualification of the agent of C, concluded the instant sales contract between C and the Housing Corporation.