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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Facts of recognition;
A. C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) is a company that newly constructs and sells “E hotel” (hereinafter “instant hotel”) in the size of 288 rooms of the 2nd and 10th above the ground of the 10th and that of the 288th above the 10th, Seopopopopo City. The Defendant concluded a contract for sale management trust and agency business of the instant hotel with the Nonparty Co., Ltd. under Article 4 of the Act on Sale of Building Units and Article 3 of the Enforcement Decree of the same Act and managed the sales price of the instant hotel.
B. On January 15, 2016, the Plaintiff entered into the instant sales contract with Nonparty Company for the sales price of KRW 165,800,000 (hereinafter “instant sales contract”) with respect to F of the instant hotel (the Defendant, an agent trust managing the sales price of the instant hotel, also prepared the instant sales contract with the Plaintiff and Nonparty Company as the party to the instant sales contract), and until March 2016, the Plaintiff paid KRW 116,060,000 (=the contract amount of KRW 16,580,000 (the intermediate payment of KRW 99,480,000) to Nonparty Company as the sales price.
C. As the non-party company delayed occupancy more than three months from the scheduled date of occupancy through the instant contract for sale in lots, the Plaintiff filed a claim for damages against the non-party company at Suwon District Court (U.S. District Court Decision 2017Da538229) to the effect that “The instant contract for sale in lots was cancelled pursuant to Article 11(3)3 of the instant contract for sale in lots, so the non-party company is obligated to pay to the Plaintiff the amount of KRW 132,640,000 (i.e., the contract amount and the intermediate payment amount of KRW 116,060,000) as restitution and compensation for damages.”
Suwon District Court on July 19, 2018 121,550,097 won (=116,060,000 won) 121,550,097 won (the sale price for a unit is 16,580 won) for the Plaintiff.