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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 September 12, 2005, the registration of ownership transfer was completed on September 9, 2005 under the name of the Plaintiff on September 12, 2005 with respect to all or part of the co-ownership share of the land, which was located in Pyeongtaek-gun, Gangwon-gun, and seven parcels of land (hereinafter “instant land”).
B. The above sales contract for the land of this case was concluded between D’s agent E and the Plaintiff’s agent F, and F was represented by the Plaintiff upon the Defendant’s request.
C. On August 29, 2005, the Plaintiff paid the Defendant money necessary for the purchase of the instant land by remitting the sum of KRW 100 million, including the remainder KRW 30 million on September 2, 2005 to the Defendant’s deposit account on September 1, 2005, the intermediate payment of KRW 50 million on September 1, 2005, and the Defendant’s deposit account on September 2, 2005.
Meanwhile, from the G’s deposit account on September 8, 2005, KRW 20,100,000 to the F’s deposit account on September 9, 2005, and KRW 10,000,000 to the E’s deposit account on September 9, 2005, respectively, was remitted from the F’s deposit account on September 9, 2005 to E.
[Ground of recognition] Facts without dispute, Gap 1, 3, 4 evidence, Eul 10 evidence, the purport of the whole pleadings
2. Determination
A. The summary of the plaintiff's assertion (1) around August 2005, the plaintiff received a proposal from the defendant that the land of this case, which caused the market price of KRW 500,000 per square meter, can be sold at KRW 350,000 per square meter within 6 months, to obtain the principal of investment and profit-making, and delegated the defendant with the purchase of the land of this case and the sale of the land within 6 months.
(2) However, the Defendant did not properly verify the location conditions, market prices, etc. of the instant land, and did not properly deal with the delegated affairs, such as not selling the instant land within six months from the time the Plaintiff purchased the said land.
Therefore, the Plaintiff terminates the delegation contract for the purchase and sale of the instant land concluded with the Defendant.
(3) However, since the actual purchase price of the instant land is KRW 30,100,000, which was remitted to E, the Defendant.