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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. The Defendant, a company engaged in real estate implementation business, etc. with the name of “D” in the name of “D”, carried out the business of constructing and selling seven-story neighborhood living facilities and educational and research facilities on the ground level 2 above ground level (hereinafter “instant building”).
The Defendant requested soflus Co., Ltd. to sell the instant building, and the sofluss had G (E’s representative director was G’s wife, and G was registered as its internal director) using the name “the president of the EFF Co., Ltd.” in charge of the sales of the instant building.
B. G: (a) among the instant buildings, 101 square meters (contract size 67.58 square meters = area 40.25 square meters for exclusive use by its occupant 40.25 square meters; hereinafter “instant store”) was designated as a pharmacy; (b) the sale price was 634 million won; and (c) as a condition that I would purchase the instant store under the condition that I would pay 56 million won premium.
The Plaintiff, as a pharmacist, intended to purchase the instant store in lieu of I, under the condition that I would pay 16 million won as premium, including the premium that I would pay in advance after introducing the instant store from G during the physical use of the pharmacy.
C. On May 2, 2017, according to G’s guidance, the Plaintiff and the Defendant concluded a sales contract on the condition that the sales contract is accepted after considering the fact that the sales contract was not yet available at the time of the sale of the instant building, under the Act on the Sale of the Conditional Sales Contracts with the sales price of KRW 634 million for the instant store.
(hereinafter referred to as "the sales contract of this case") was concluded, and the sales contract of this case was as follows.