beta
Text
1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. On the third floor of the building D in Nam-gu Incheon Metropolitan City, the “EPC bank” (in the form of F and G, a sectional building; hereinafter “instant real estate”). around July 2008, F was owned by J, and G was owned by L, and J appears to have leased G.).
B. On July 28, 2008, a real estate sales contract (hereinafter “instant sales contract”) was drafted regarding the instant real estate.
According to this, the subject matter is the instant real estate, and the purchase price of KRW 30,000,000 is KRW 200,000,000,000,000 for the down payment of KRW 30,000,000,000 for the remainder of the contract by August 28, 2008, and succeeds to KRW 140,000,000 for the H Bank, and the Plaintiff, as a special stipulation, transfers KRW 15,00,000, which is a part of the down payment, to Defendant C’s I Association account.
In addition, the seller's column stated "JJB" and affixed his/her seal, and the buyer's column stated "K outside A" as "K," and affixed his/her seal and seal with his/her seal affixed thereon.
C. On July 28, 2008, the Plaintiff transferred KRW 15,000,000 (hereinafter “the instant money”) to the IF account of Defendant C (Defendant B’s wife).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Summary of the plaintiff's assertion
A. The Plaintiff filed a claim against Defendant B with the Defendant B, who was the representative of J through the introduction of M, concluded the instant sales contract with the Defendant B, and remitted the instant money as part of the down payment to Defendant C’s I Association account.
However, we knew that only Fho Lake owned the instant real estate, and Defendant B was not the representative of JJ.
As a result, the Plaintiff did not acquire the ownership of the instant real estate and did not receive the down payment.
This constitutes a common fraud between M and K, and the defendant B participated in it.
Therefore, Defendant B is liable to the Plaintiff for tort.