1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant is an owner of the area of 3,18 square meters prior to Ulsan-gun B, who is permitted as the owner of the hotel to be newly constructed on the above land (hereinafter “instant hotel”) and is also the representative director of the non-party C Co., Ltd. (hereinafter “non-party C”) who is the seller of the said hotel’s new business and the seller of the said hotel room.

Plaintiff

The Company is a person who has entered into a contract with the Defendant for sales agency of the hotel of this case as follows.

B. On December 10, 2014, the Plaintiff Company and the Defendant concluded a sales agency contract for the instant hotel (hereinafter “instant sales agency contract”).

The main contents of the above contract are as follows:

An agency contract for sale of buildings in units;

1. Title of contract: Plaintiff E company (Defendant B) for the execution of events on behalf of an agent in the event of design and approval of the project to build “D hotel” located in the B (943 square) in the U.S. U.S. Gun: (a) the change of authorization and permission; (b) the selection of a contractor and a financial company; (c) the selection of a model house; (d) the selection of an agency for sale;

3. Contract period: From December 2, 2014 to December 2015, the time of completion of sale;

4. Contract amount: A as of the contract date, the term “A” shall pay “B” the daily sum of 30 million won.

5. The indication of balance: It shall be determined by 30% of the net profit excluding all kinds of expenses (the amount of 5 billion won deducted from the site price) after the sale of guest rooms, and "A" shall be paid to "B".

Provided, That when the unsold quantity occurs, it may be paid as a substitute.

6. The due date of balance payment: The due date of settlement after the completion of all the businesses.

C. On March 9, 2015, the Plaintiff Company and the Defendant added the method of paying the proceeds of the instant sales agency contract, business expenses items, etc., and changed the parties to the said contract from the Defendant to the non-party company.

Plaintiff

On May 18, 2015, the company and the non-party company promised to pay the sales commission and all expenses related to the sales at the time of the delivery of 30 or more F officials, and new construction is undertaken.