1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Paragraph 1 A of the reasoning of the judgment of the court of first instance that the court should explain this part of the facts of recognition.

The title is the same as the corresponding part of the reasoning of the judgment of the court of first instance, except by cutting it as follows, and thus, it is quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

A. C Co., Ltd. (hereinafter “C”)

) The E-sale business, etc. (hereinafter referred to as the “instant business”) shall be called the E-sale business, etc. on the D ground of Goyang-dong, Yongsan-gu.

) The F was the executor of the instant E commercial building (hereinafter “E”) between C and C on December 18, 2002.

B) Of the two, No. 5-2 of the first floor (hereinafter “instant commercial building”).

2) As to the sales contract for the instant sales contract (hereinafter “instant sales contract”).

38,828,245 won (hereinafter “instant down payment”) after concluding the contract deposit.

(1) The Japanese Savings Bank (hereinafter “ Japanese Savings Bank”) was paid and the Japanese Savings Bank was established.

(2) The Plaintiff took over the status of the buyer as to the instant commercial buildings from F on November 7, 2003, and succeeded to the title of the intermediate payment as well as the title of the intermediate payment.

2. Summary of the parties' arguments

A. The defendant is obligated to return the down payment of this case to the plaintiff according to the contract of this case (the agreement between the defendant and the contractor as of December 21, 2005) or upon the contract of this case under the contract of this case.

B. The defendant merely acquired the business right of the business of this case from the contractor's council or Eul Mutual Savings Bank, and did not take over the position of the seller or executor on the sales contract of this case. Thus, there is no obligation to pay the down payment of this case to the plaintiff upon the sales contract of this case.

Meanwhile, the Plaintiff did not join or withdraw from the contractor’s council, and did not delegate any authority to the instant agreement. Therefore, the contractor’s council’s conclusion of the instant agreement is an act of unauthorized representation, and the Plaintiff’s act of unauthorized representation.