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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1 and 2:
On August 7, 2015, the Plaintiff drafted a sales contract (hereinafter “instant sales contract”) with Defendant C, a licensed real estate agent, to purchase the purchase price of KRW 740,00,000 (74,000,000 on September 10, 2015, the intermediate payment of KRW 460,000,000,00 from Defendant A, a real estate agent, and KRW 22,918,00 square meters (hereinafter “instant forest”).
B. The Plaintiff paid the Defendant A the down payment of KRW 74,00,000 to Defendant A, KRW 10,000,000, and KRW 10,000,00 to Defendant B, respectively, on the day of the preparation of the instant sales contract.
2. The plaintiff's assertion and judgment
A. The Plaintiff’s assertion as to cancellation, etc. is limited to the cancellation of the instant sales contract without any justifiable reason within three days without proof of the power of attorney of Defendant C, including the power of attorney of Defendant A at the time, or the provisional contract was made within the meaning of entering into a condition under which the conclusion of the instant sales contract may be denied. The Plaintiff expressed to Defendant B and C on August 9, 2015, which is within three days from the date of the preparation of the instant sales contract, the intention of rescission of the provisional contract or refusal of the conclusion of the instant contract. As such, the Defendant A has an obligation to return the said contract deposit deposit KRW 74,00,000 by restitution of unjust enrichment and the said intermediate fee and the fee KRW 10,000,000, respectively.
In light of the above facts, the plaintiff's purpose and status, and the entries and form of the sales contract of this case, which can be known by comprehensively taking into account the facts of the recognition and the purport of the entire arguments.