(영문) 광주지방법원해남지원 2015.10.22 2015가단1243

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(영문) 광주지방법원해남지원 2015.10.22 2015가단1243

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Summary of the parties' assertion

A. On November 21, 2007, the plaintiffs asserted that at the general meeting of the family clan D (hereinafter "D") substantially the same clan, the defendant C (hereinafter "the defendant C") decided to sell 1/2 shares of each of the real estate listed in the separate sheet (hereinafter "each of the lands of this case") to the plaintiffs, and that at that time the contract was concluded by paying the down payment on January 10, 2008. The plaintiffs asserted that the contract was concluded by paying the down payment to the defendant on January 10, 2008, and that against the defendant D's door, the procedure for registration of ownership transfer against each of the lands of this case shall be implemented on January 10, 2008.

B. As to this, the Defendant’s door asserts that the party who entered into a sales contract with the Plaintiffs for each of the instant land is not the Defendant’s door, but the D, and thus does not bear any obligation under a direct sales contract.

2. The judgment of this Court

A. In a case where an actor who enters into a contract engages in a juristic act in another’s name, the parties to the contract shall first determine who the actor or the title holder is the party to the contract in accordance with the consent of the actor and the other party. In a case where the intent of the actor and the other party are in accord, the parties to the contract shall be determined in accordance with the specific circumstances before and after the conclusion of the contract, including the nature and purpose of the contract, and the circumstances before and after the conclusion of the contract where the actor and the other party do not coincide (see, e.g., Supreme Court Decision 2010Da83199, Feb. 10, 201). 2) Since the property owned by a clan belongs to the collective ownership of a member of the clan, its management and disposition shall be followed, if any, and a resolution of the clan general meeting shall be adopted, unless there is any agreement on the management and disposition thereof.

Supreme Court Decision 199Na1088 delivered on October 13, 1992

참조판례

-대법원 2011. 2. 10. 선고 2010다83199,83205 판결

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