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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The parties' assertion
A. On July 25, 201, the Plaintiff concluded a sales contract for the first floor No. 104 (hereinafter “instant building”) among the residential housing buildings in Yongsan-gu Seoul Metropolitan City, Yongsan-gu (hereinafter “instant contract”) with the Defendant on behalf of July 25, 201, and remitted the down payment of KRW 50 million on the day of the purchase in lots (hereinafter “instant contract”). Since the ownership transfer registration was completed in the third party’s name as to the instant building, the Plaintiff sought damages of KRW 50 million following the Defendant’s nonperformance of the obligation to transfer ownership registration.
B. Although Defendant D acknowledged the fact that it is the sales agent of the building at Yongsan-gu Seoul Metropolitan Government Ground C, the owner of the building, as the Defendant delegated D to D the sale of the entire building at one real estate and delegated D the sale of the entire building to each household, the Plaintiff who purchased the unit of individual household cannot claim the effect of the sales contract at issue against the Defendant.
3. According to the statement in Gap evidence Nos. 1 through 4 (including each number), the defendant is the owner of the 4th urban residential building (studio-type, building name: F; hereinafter "F building") on the ground of Yongsan-gu Seoul Metropolitan Government, and completed the registration of ownership preservation in the name of the defendant on October 25, 201. On July 15, 201, the plaintiff entered into the contract of this case that the building of this case No. 104 of the first floor among the above F building was purchased at KRW 11,00,000,000 won in the defendant's account on the date of the contract, and KRW 2,770,000 won in total, KRW 1,000 in the name of the defendant, KRW 1,000 in the name of the non-party 1,201 in the name of the non-party 2, and KRW 101,01,000 in the name of the defendant on the 12th floor.