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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On October 25, 2014, the Plaintiff concluded a contract on behalf of the Plaintiff to sell for KRW 800 million a detached house of 16 square meters in Seosan-si D road, E large 524 square meters in size, E large 524 square meters in ground reinforced concrete structure slab 524 square meters on behalf of the Plaintiff (hereinafter “instant building”).
The main contents of the instant sales contract are as follows.
Article 1. 80 million won of down payment of KRW 200 million shall be paid at the time of a contract and the balance of the receipt shall be paid on April 1, 2015.
-be deposited into the seller's account by November 30, 198, in the middle and [special agreement] 140 million won out of the down payment.
B. The Defendant remitted to the Plaintiff the sum of KRW 200 million, including KRW 60 million, October 24, 2014, and KRW 140 million, November 28, 2014, as the down payment under the instant sales contract.
C. At the time of the instant sales contract, C and the Defendant, the Plaintiff’s agent, agreed to deduct KRW 70 million from the lessee of the instant building at KRW 80 million.
In addition, on October 25, 2014, C and the Defendant entered into an agreement with C to delegate the management of the instant building for one year after the Defendant completed the registration of ownership transfer concerning the instant building.
C and the Defendant met only at the G Licensed Real Estate Agent Office of F’s G Licensed Real Estate Agent, the Plaintiff, who arranged the instant sales contract on April 2, 2015, and on the same day, the Defendant remitted KRW 500 million to the Plaintiff.
E. On April 2, 2015, the Defendant received the registration of ownership transfer of the instant real estate from C at the office of the said G Licensed Real Estate Agent, and the receipts for the full payment of KRW 800 million for the purchase price. On April 6, 2015, the Defendant completed the registration of ownership transfer on the instant real estate.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 3, Eul evidence 7, the purport of the whole pleadings
2. The parties' arguments.