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(영문) 서울중앙지방법원 2015.01.08 2014가합10484
손해배상
Text

1. The plaintiff's main claim is dismissed.

2. The plaintiff's conjunctive claim shall be dismissed.

3...

Reasons

1. Judgment as to the main claim

A. The Plaintiff’s assertion 1) On March 11, 2008, the Plaintiff is the Defendant’s agent, and the Plaintiff is the Plaintiff’s land (hereinafter “instant land”) other than 462m2 and 5m2.

A) The sales contract to purchase KRW 650,000,000 for the purchase price (hereinafter “instant sales contract”).

A) Around that time, the Plaintiff concluded the instant sales contract and paid KRW 160,000,000 out of the sales price. However, since the Defendant’s obligation to transfer ownership after selling the instant land to E was impossible to perform the obligation to transfer ownership registration, the Plaintiff rescinds the instant sales contract. Therefore, the Defendant is obligated to return the said KRW 160,00,000 to the Plaintiff due to restitution to its original state following cancellation. Therefore, Defendant C not only concluded the instant sales contract without clearly indicating that it is the Defendant’s representative, but also did not receive the power to conclude the instant sales contract from the Defendant.

B. 1) Determination 1) The act of acting as an agent of the defendant is indicated to be for the principal, and the effect of the act is attributed to the principal (Article 114 of the Civil Act). The party asserting the effect of acting as an agent must prove that the agent has expressed his/her intent on his/her own. According to the evidence No. 1, a sales contract prepared between the plaintiff and C on March 11, 2008 (hereinafter “instant sales contract”).

The seller’s address “B” and “B” and “B” and the seller’s name “C” may be recognized.

However, the following circumstances are as follows: (a) the seller’s resident registration number is indicated in the seller’s resident registration number column in the sales contract of this case; and (b) the seller’s resident registration number is indicated in C; and (c) the seller is indicated in the seller’s resident registration number.

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