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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The parties' assertion
A. On April 20, 2017, the Plaintiff and the Defendant concluded a sales contract for real estate (hereinafter “instant real estate”) as indicated in the separate sheet (hereinafter “instant sales contract”) and paid the Plaintiff the total amount of KRW 100 million to the Defendant. On August 31, 2017, the Plaintiff and the Defendant agreed to cancel the said sales contract and pay the Defendant a total of KRW 150 million to the Plaintiff for restitution and damages. As such, the Defendant shall pay the Plaintiff KRW 150 million as agreed on August 31, 2017, and delay damages therefrom.
(State Claim). (b)
Defendant 1) Since the instant sales contract is null and void for the following reasons, the agreement made on August 31, 2017, which was based on the premise that the instant sales contract was concluded effective, has no effect on the Defendant. ① The Defendant delegated the power of representation to agent C on condition that the instant real estate would be sold at least three million won per square year, and the instant sales contract was concluded in excess of the scope of the power of representation, and thus null and void. ② The instant sales contract constitutes a title trust agreement concluded by K under the Plaintiff’s name, and thus null and void. (2) The Defendant did not have agreed to pay the Plaintiff damages for the cancellation of the sales contract on August 31, 2017.
① Since the original evidence No. 8 does not exist, it cannot be used as evidence to prove the agreed fact.
② The evidence No. 14 was drafted on August 4, 2017, and the Defendant did not have entered Korea at the time, and thus, the Defendant did not sign and seal it. Even if the said agreement was written on August 31, 2017, the Defendant did not sign and seal it.
③ Since the Defendant did not delegate his/her authority to cancel the sales contract to C, the agreement that C was made on August 31, 2017 as the Defendant’s agent falls under an unauthorized representation.