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(영문) 의정부지방법원 2015.09.15 2015가단403
토지매매대금반환
Text

1. Defendants C and D shall jointly and severally pay to the Plaintiff KRW 72,00,000,000 and shall be fully paid to the Plaintiff from April 25, 2015 to the full payment day.

Reasons

1. Determination on the claim regarding Defendant B’s Class Association

A. The Plaintiff’s assertion 1) On April 14, 2008, the Plaintiff as a distribution agent is the Plaintiff’s 2,120 square meters per each E prior to Ma on April 14, 2008 (hereinafter “instant real estate”).

Defendant B’s clan (hereinafter “Defendant clan”) owned by Defendant B.

2) As to the instant real estate sales contract between Defendant C and Defendant C, the sales contract for the instant real estate (hereinafter “instant sales contract”).

(2) Although the Plaintiff paid KRW 72 million to the Defendant clan as the purchase price, the Plaintiff’s clan did not comply with the procedures for the registration of ownership transfer of the instant real estate, and thus the Defendant clan is obligated to return the said KRW 72 million to the Plaintiff. (2) Even if the Defendant clan did not grant the representative authority pursuant to the instant sales contract, the Defendant clan had the basic representative authority regarding the real estate owned by the Defendant clan, and the Plaintiff has justifiable grounds to believe that the Plaintiff had the representative authority to sell the instant real estate. Accordingly, the Defendant clan has the duty to return KRW 72 million upon the cancellation of the said sales contract to the Plaintiff in accordance with the legal doctrine of representation under Article 126 of the Civil Act.

B. According to the judgment of the first right representative claim and the statement of Gap evidence No. 1, it is not sufficient to recognize that the seller column of the sales contract concerning the sales contract of this case is "F Grand C" and that F was the representative of the defendant clan at the time, but it is not sufficient to recognize that the defendant C was granted the power to conclude the sales contract of this case by the defendant clan, and there is no other evidence to acknowledge it.

In addition, even if Defendant C has been granted the power to conclude the instant sales contract by Defendant C, it is not reasonable for the following reasons.

In other words, since the clan property belongs to the collective ownership of the members of the clan, the clan is first managed and disposed of.

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