손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.
Basic Facts
On November 20, 2013, the Defendant entered into a contract on consignment sale of real estate with the content that the Defendant entrusted the sale of real estate with the sale of 7,603 square meters out of 19,845 square meters of F forest land and 840 square meters of G forest land and 840 square meters, and that the Defendant received the consignment sale fee.
5. Special agreement;
(a) The above sale services costs are KRW 836 billion in the purchase price of the land, and KRW 394 million in the purchase price of the Defendant consulting services.
B. The defendant will act on behalf of the seller in selling and buying the above land, and will act on behalf of the buyer in all of the permission and the construction work for site development as the ownership and factory site for the above land.
Around August 18, 2014, the Defendant: (a) concluded a real estate sale service contract with the Plaintiff on the amount of KRW 1.23 billion with respect to the sale and purchase of approximately KRW 42,00 square meters in F and G; (b) concluded a real estate sale and purchase service contract with the following details; (c) on August 19, 2014, the Plaintiff was paid KRW 504,295,000,000, total of KRW 174,295,000,000 from the Plaintiff as the service payment.
On January 25, 2015, the Defendant partially changed the service cost between the Plaintiff and the Plaintiff, and entered into a real estate consulting service contract with the term “the Defendant’s act subject to consulting on behalf of the Plaintiff as civil engineering, incidental civil engineering, and various authorizations and permissions following the construction of factory sites,” and entered into a real estate consulting service contract with the amount of KRW 43,5450,00 (excluding value-added tax) (hereinafter “instant service contract”), which was paid in excess of the changed service cost to the Plaintiff on January 27, 2015, and KRW 25,30,000 (= KRW 504,295,000 - KRW 43,545,000).
The Plaintiff’s real estate sales contract concluded a sales contract to purchase F and G amounting to KRW 4,335 square meters from the Defendant, who represented D around August 18, 2014 in accordance with the instant service contract, for KRW 1.3 billion. Around December 2, 2014, the Plaintiff divided F forest land into KRW 3,718 square meters from D. < Amended by Presidential Decree No. 25905, Dec. 2, 2014>