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1. The plaintiff's appeal and the main claim added to the trial are dismissed.
2. The costs of the lawsuit after the appeal are filed.
Reasons
1. Basic facts
A. On March 2010, the Defendant: (a) concluded a sales agency agreement with the owner of approximately 15,000 square meters of the wife population D, F, G, and three parcels (hereinafter “instant land”); and (b) concluded between C&A Co., Ltd. (hereinafter “C&A”); and (c) agreed to receive KRW 1.5 billion, as a deposit, by April 30, 2010, to allow C&A to develop and sell the instant land as an electric housing complex; and (d) agreed to receive KRW 1.5 billion from C&A as a deposit.
B. Accordingly, on March 30, 2010, E&A entrusted the entrusted management of the sale price to a law firm Jung-gu, and paid 1% of the total sale price as the entrusted management fee in return. The E&A failed to pay the deposit amount of KRW 1 billion under the above sales agency contract by April 30, 2010, and the Defendant terminated the sales agency contract with the E&A.
C. Meanwhile, on June 29, 2010, the Defendant entered into a contract with E to sell the instant land, and on the same day, the Plaintiff transferred the deposit amount of KRW 100 million (hereinafter “the instant deposit”) to the Defendant on behalf of E upon the request of E.
However, the above sales agency business promoted by E did not have any particular outcome, and the defendant entered into a new land sales delegation contract with Dondi&A Co., Ltd. on September 19, 201 and delegated the same company with the sales agency business of this case.
[Ground for Recognition: Facts without dispute, entry of Gap 1 through 9, 11 evidence, purport of the whole pleadings]
2. The assertion and judgment
A. On September 19, 201, the Plaintiff’s summary of the Plaintiff’s claim as to the primary claim is: (a) outworn housing, horse riding course facilities, etc. on the instant land; (b) underground drainage facilities; and (c) developing grassland as a housing complex by carrying out civil engineering works, such as mination work; and (c) the Defendant entered into a contract for sales agency with another sales agency unilaterally on September 19, 201.