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1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order for payment shall be revoked.
Reasons
1. Basic facts
A. The Defendants own 1/2 shares of Yongsan-gu Seoul Metropolitan Government No. 21, No. 1034, Dong 1, 21 (hereinafter “instant commercial building”).
B. E, the father of the Defendants, was managing the instant commercial building by entering into a lease agreement on behalf of the Defendants, etc., and entered into a sales contract with the Plaintiff on March 16, 2015, under the brokerage of Licensed Real Estate Agent F, as follows (hereinafter “instant sales contract”), and received KRW 8,500,000 from the Plaintiff on the same day.
2. As to the sale of the above real estate, Article 1 (Purpose) of the Terms and Conditions of the Contract, the seller and the buyer, by agreement, shall pay the sales amount as follows:
Sales proceeds: 85,00,000 down payment of KRW 8,500,000 shall be paid at the time of a contract and the balance of KRW 76,50,000 shall be paid on April 15, 2015.
Article 5 (Cancellation of Contract) If the buyer does not pay the intermediate payment (if there is no intermediate payment), the seller shall pay the remainder of the contract to the seller before the buyer pays the intermediate payment, and the buyer may waive the down payment and rescind this contract.
Article 6 (Non-performance of Obligations and Compensation for Damages) If a seller or a purchaser has defaulted on the terms and conditions of this Agreement, the other party may notify in writing the person who has defaulted on the contract and rescind the contract.
In addition, the parties to the contract may claim damages from the other party due to the cancellation of the contract, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.
C. At the time of the conclusion of the instant sales contract, E did not carry a certificate of personal seal impression or power of attorney with the seal affixed by the Defendants, and the Plaintiff or F did not verify whether the Defendants had the intent to conclude the sales contract.
On the other hand, after the conclusion of the instant sales contract, Defendant B was issued as of March 30, 2015, and Defendant C obtained a certificate of personal seal for sale of each real estate as of April 3, 2015.