beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On January 6, 2006, the first division of the land was divided into “21,616 square meters of C Forest and Forest land (hereinafter “C land before the first division”) and “1,157 square meters of D forest and forest land” on May 17, 2010, the land before the second division was divided into “20,459 square meters of C forest and forest land (hereinafter “C land before the second subdivision”) and “1,157 square meters of D forest and forest” on May 17, 2010.
3) On February 25, 2011, C land prior to the third subdivision was divided into “C Forest 4,132 square meters in Nam-si, Namyang-si,”; “F Forest 6,776 square meters” and “G forest 708 square meters” (hereinafter “after the division”), and “C land after the division” is limited to “C land after the division”; and land from D through G is specified only as each parcel number.
B) On June 16, 2005, the Defendant sold the purchase price of approximately 400 square meters ( approximately 13,223 square meters) out of C’s land before the first installment between the Plaintiff and the Plaintiff on June 16, 2005. However, the Plaintiff, a down payment of KRW 100 million on the date of the contract, the intermediate payment of KRW 420 million, and the intermediate payment of KRW 420 million, upon completion of land transaction application, shall be paid at the time of subdivision. The remainder payment of KRW 980 million is not set at the date of the contract, but if land transaction permission or division is not made even after six months from the date of the contract, a sales contract was prepared to the effect that the Plaintiff would waive all the down payment and all the rights.
(2) On June 17, 2005, the Plaintiff paid a down payment of KRW 100 million to the Defendant. On the same day, the Defendant delegated the Plaintiff with all authority over the procedures for permission for land transaction and permission for land category change regarding C land before the first installment, and made and issued a power of delegation to the Plaintiff as to the “trade intermediary” (hereinafter referred to as the “instant power of delegation”).
C. C. Although six months have elapsed since the execution of a separate contract No. 1, the Plaintiff will complete land transaction permission, etc. to the Defendant.