The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Plaintiff’s assertion

On February 15, 2015, the Plaintiff sold the instant real estate No. 1502 (hereinafter “instant real estate”) of the 15th floor of the 15th floor of the Do-gu Busan (hereinafter “instant building”) to the Defendant on February 15, 2015, and was paid KRW 800 million from the Defendant to August 31, 2015. In short, the Plaintiff was paid KRW 200 million as damages if the Defendant did not perform this.

However, since the defendant did not perform this, the defendant should pay KRW 200 million to the plaintiff.

Judgment

The grounds for recognizing the above assertion are as follows: A No. 1 (the real estate sales contract; hereinafter “instant sales contract”). However, this cannot be admitted as evidence in the following respect, and there is no other evidence to acknowledge the above assertion.

In the event the identity of the seal imprint is recognized, the authenticity of the recognition and the authenticity of the entire document is actually presumed, but the above presumption is broken if it is revealed that the act of affixing the seal was done by a person other than the person under whose name the document was prepared, so the person under whose name the document was affixed is responsible to prove that the act of affixing the seal was done by the legitimate title

(See Supreme Court Decision 2002Da69686 Decided April 8, 2003, etc.). However, according to the following facts, it is reasonable to deem that the Defendant’s stamp image of No. 1 was carried out by Nonparty D (hereinafter “Nonindicted”) and there is no other evidence to deem that D was delegated by the Defendant with the authority to enter into such sales contract.

The Nonparty, at his own effort, had the Defendant transferred the hotel business license to the Nonparty Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) in KRW 2 billion, but the Defendant and the Nonparty Co., Ltd in collusion with the transfer price of KRW 800 million and did not pay KRW 400 million for the acquisition cost of the business to the Nonparty.