1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. On January 9, 2003, the Plaintiff asserted purchase from C the land (total 10,30 square meters) indicated in the attached list from January 9, 2003 at KRW 927 million.

On January 9, 2003, the Plaintiff clarified that it was unregistered resale to the Defendant, and sold 650 square meters (except for the portion of the road up to the warehouse of the building) from among the land listed in the attached Table 1, 2, and 5 to KRW 650,000 per square year (one million per square year).

After that, the Plaintiff and the Defendant concluded a sales contract with the land subject to 682 square meters (the sum of road sections) by setting the sales amount as KRW 682 million.

In addition, around January 28, 2003, the Plaintiff sold to the Defendant the remaining part of the attached list of 348 square meters (i.e., 1030 square meters - 682 square meters) to KRW 382.8 million (per 1.1 million per square year).

Since the defendant paid only KRW 77,5310,00 to the plaintiff, the remaining balance of KRW 289,949 million [= ( KRW 382,00,000) - KRW 777,5310,000] shall be paid.

The plaintiff is seeking KRW 130,1490,000 and damages for delay on some of its claims.

2. Determination

A. According to the evidence Nos. 1, 2, and 3 as to whether “the Plaintiff” sold the land indicated in the separate sheet to the Defendant, the following facts are acknowledged: (a) the agreement was made by “the Plaintiff and two other persons” to purchase the land indicated in the separate sheet from “C” on January 9, 2003 in the purchase price of KRW 927 million; (b) around that time, C prepared a power of attorney to delegate the sale and purchase of the land to the Plaintiff; and (c) as to the seller column of the sales contract prepared on January 9, 2003 between the Defendant and C, the fact that “C’s agent” is indicated as “the Plaintiff.”

However, in light of the following facts revealed through the descriptions of evidence Nos. 1, 2, 7, and 8 and the purport of the entire pleadings, the evidence submitted by the Plaintiff alone is insufficient to recognize “the fact that the Plaintiff sold part of the land indicated in the separate sheet to the Defendant on Jan. 9, 2003 and the remaining land on Jan. 28, 2003,” and there is no other evidence to prove otherwise.