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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a person who lent money from the Defendant to the Plaintiff and carried out construction works on multi-family housing with a lot of 715 square meters in Yangju-si (hereinafter “instant construction works”), and Nonparty E is the Plaintiff’s deceptive act.
B. Conclusion of an agreement between the Plaintiff and the Defendant (1) on February 23, 2016, the Plaintiff drafted to E the power of attorney with the following contents:
The power of attorney shall appoint the delegating E as his agent and shall delegate both the authority, the right to carry out the work, and the right to sell in lots on the D in both States of Gyeonggi-do.
All contract acts, etc. created shall be included.
(2) On February 24, 2016, the mandator A (the Plaintiff’s agent) and the Defendant concluded an agreement with the following terms and conditions (hereinafter “instant agreement”), and the Plaintiff and the Defendant agreed to keep one copy of the agreement respectively.
A: The indication of real estate in the Plaintiff’s agreement: D housing construction in Yangju-si, Gyeonggi-do. ② The housing construction of the housing site 715 square meters; ② the housing construction F. 650.2980 square meters above the above ground-based residential building 74.800 square meters above the above ground-based residential building G 644.800 square meters (on February 20, 2016, at the end of the structural construction) agreement with Gap and Eul are agreed with the following contents.
(1) A shall complete the said construction by investing the amount of KRW 700 million in the construction site at the above construction site.
(2) B shall transfer part of the land above 715 square meters on the ground to A until before the commencement of the capital input to the said site, until before the commencement of the capital input.
(3) B grants A a permit for the above building as a co-owner before the commencement of the capital input at the above site.
(4) A shall immediately resume the progress of the construction when the above paragraphs (2) and (3) are completed.
(5) The first priority is to recover the construction cost and the recovery of profits from the above real estate after the completion of construction of the above building.
The aggregate amount of recovery shall be KRW 840,000,000.
(6) The sale and purchase business of the above housing.