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1. All of the plaintiff's claims that are changed in exchange at the trial are dismissed.
2. The Plaintiff’s total costs of litigation.
Reasons
1. Facts of recognition;
A. In Ansan-si, the Defendant requested the sale of the instant real estate at the D Licensed Real Estate Agent’s Office as the owner of the building site and the 1st underground floor and the 3rd floor above ground (hereinafter “instant real estate”).
B. The Plaintiff introduced the instant real estate from D Licensed Real Estate Agent E, the representative of D Licensed Real Estate Agent Office, and sent the instant real estate to E on August 31, 2013.
At the time of the instant real estate, the Defendant did not exist, and there was F having been a management of the instant real estate while living in the instant real estate in the Republic of Korea.
C. Although the Plaintiff want to have the instant real estate covered KRW 510,000,000, the Plaintiff did not enter into a contract on the same day due to the Defendant’s absence.
Accordingly, on September 2, 2013, the Plaintiff and F entered into a contract in consultation with the Defendant.
In addition, the Plaintiff, at the recommendation of E, remitted 5,000,000 won to the Defendant’s account known by F.
E has written the following contents of the receipt, and F has affixed the above receipt as a defendant's agent.
The payee: the defendant, the amount: 5,00,000 won, the indication of the real estate: The above amount of the real estate sale price of this case shall be collected as part of the down payment for the real estate 5,100,000 won indicated above, and this receipt shall be issued as a certificate to this effect.
On September 2, 2013, the Plaintiff moved to D Licensed Real Estate Agent Office along with his wife G on September 2, 2013, and the Defendant also entered the said office with F.
The plaintiff and the defendant discussed the following trading conditions:
1) The sales price of the instant real estate is KRW 510,00,000. (2) In relation to the intermediate payment of the instant real estate, the Plaintiff sought a substitute for the intermediate payment of KRW 140,000,000 as the Defendant’s obligation to return the lease deposit, but the Plaintiff opposed to the intermediate payment, and the Defendant paid KRW 100,000,000 in cash as an intermediate payment.
3. In the studio 5 room of the real estate of this case, the plaintiff is currently a public room.