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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On December 15, 2015, the Plaintiff completed the registration of transfer of ownership on a motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”), and on the same day, the Plaintiff completed the registration of establishment of a mortgage in the name of the Plaintiff, the Plaintiff, and the Plaintiff’s claim 40 million won for the instant motor vehicle under the name of the social service Korea Co., Ltd.
B. The Plaintiff delegated the sale of the instant vehicle to C and D (the Plaintiff’s death relationship), and the Defendant concluded a contract with the Plaintiff to purchase KRW 30 million with the instant vehicle through the said C and D (hereinafter “instant contract”), and completed the transfer of ownership on July 12, 2016 with respect to the instant automobile, and received the delivery of the instant automobile around that time.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 5, the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition as to the cause of claim, the Defendant is obligated to pay the Plaintiff the purchase price of the instant automobile in KRW 30 million and delay damages therefrom, barring any special circumstance.
B. On July 2016, the Defendant asserted that the Defendant paid KRW 30 million to C and D, who was delegated with the authority to conclude the instant automobile sales contract by the Plaintiff, around July 2016.
An agent to whom the power to conclude a sales contract has been granted by the owner of real estate shall be deemed to have the authority to receive an intermediate payment or any balance as agreed upon in the sales contract, except in extenuating circumstances
(See Supreme Court Decision 93Da39379 delivered on February 8, 1994, etc.). According to the overall purport of Gap evidence Nos. 5, 6, and Eul evidence Nos. 3, the plaintiff sold the automobile of this case to the defendant with the introduction of C and D, and the plaintiff issued a certificate of personal seal necessary for the registration of the transfer of ownership to C and D, and the transfer of ownership to the defendant as to the automobile of this case.