beta
Text
1. On December 19, 2016, the Defendant sold and purchased each real estate listed in the separate sheet Nos. 1 and 2 to the Plaintiff.
Reasons
Facts of recognition
On December 19, 2016, the Plaintiff entered into a sales contract between D and the Defendant’s agent for each real estate listed in [Attachment List 1 and 2 (hereinafter “instant real estate”) with respect to the purchase price of KRW 3,30,000 (hereinafter “instant contract”).
At the time of the instant contract, D had the power of attorney, certificate of personal seal impression affixed by the Defendant, Defendant’s business registration certificate, and resident registration certificate.
At the time of the instant contract, the Plaintiff paid the down payment of KRW 40 million to D, and 200 million out of the remainder 2.9 million, the Plaintiff paid KRW 200 million by acquiring the secured debt of the right to collateral security established on the instant real estate, and the remainder of KRW 90 million to the account in the name of E designated by D on December 30, 2016, remitted KRW 30 million to the account in the name of E, and KRW 20 million to the account in the name of E on January 20, 2017.
(Reasons for Recognition) Facts without dispute, entries in Gap's 1, 2, 4 through 6 (including each number), the purport of the whole pleadings.
The plaintiff's assertion that the plaintiff made a contract of this case with D as the defendant's representative and paid the price in full. Thus, the defendant must implement the procedure for the registration of ownership transfer of the real estate of this case to the plaintiff in accordance
The defendant only delegated his agent the authority to conclude the contract of this case, and did not delegate his authority to determine the purchase price and to receive the purchase price.
Therefore, even if the Plaintiff determined the purchase price of D and the instant real estate, and paid the price to D and its designated person, it is not effective for the Defendant.
Judgment
Considering the following circumstances recognized by the evidence and the purport of the entire pleadings prior to the scope of D’s power of representation, the Defendant delegated D with all the authority to conclude the instant contract and to receive the sales price.