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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. On January 28, 2008, Nonparty C entered into a sale management trust agreement with the Korea Land and Housing Corporation (hereinafter “instant land”) and constructed a community living facility with a size of 26,48.9m2 (hereinafter “instant building”) of the 4th underground floor above the ground by constructing a new community living facility with a size of 26,48.9m2 (hereinafter “instant building”) of the 26,412m2 (hereinafter “instant land”). On January 28, 2008, Nonparty C entered into a sale management trust agreement with the Defendant and entered into a contract with the Defendant for the sale management of the instant land and building by designating the Si Corporation G and the lending financial institution as the Defendant and the Defendant as the Defendant.
After the completion of the housing site development project on January 1, 201, on February 1, 2011, the registration of ownership preservation has been made in the name of the Korea Land and Housing Corporation, and the registration of ownership transfer has been made in the name of C on July 19, 201, the registration of ownership transfer was made in the name of the defendant on July 20, 201 under the said sale management trust agreement.
B. Nonparty C, from January 2008, performed the sale of a neighborhood living facility to be constructed on the instant land from around 1, 2008, but the sales performance was poor, and the Plaintiff carried out a re-sale by adding I Co., Ltd. to a construction project on February 10, 2010. On March 11, 2010, the Plaintiff entered into a contract with Nonparty C to sell 76,370,000 won (including value-added tax) of the 6th floor of the divided stores of neighborhood living facilities newly constructed on the instant land (i.e., 4., the exclusive-use area of 4.6 square meters; hereinafter “instant store”). The main contents of the sales contract related to the instant case are as follows.
Seller (A): C/Buyer (B): A corporation responsible for completion of the Plaintiff: G/W.