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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. Defendant B is a practicing licensed real estate agent who runs an authorized brokerage business at the E Licensed Real Estate Agent Office located in Jungdong-gu, Busan Metropolitan City (hereinafter “instant Licensed Real Estate Agent Office”), and Defendant C is a husband of Defendant B and a brokerage assistant.
B. On September 16, 2015, the Plaintiff visited the instant authorized brokerage office to purchase the commercial buildings in the area of Hosan, and around September 16, 2015, the Plaintiff solicited Defendant C to sell “H” commercial buildings (hereinafter “instant commercial buildings”) to be newly built on the ground of 1084m2 (hereinafter “instant land”).
C. Accordingly, in the presence of Defendant C on September 25, 2015, the Plaintiff is deemed to have fulfilled the terms and conditions of the contract for sale in lots in the following cases: (a) the Plaintiff, in the presence of Defendant C, KRW 107 of the instant shopping mall from F, KRW 850 million (excluding value-added tax); and (b) each conditional F, in the name of locating 106 of the instant shopping mall, at least once, at KRW 550 million (excluding value-added tax), even though each conditional F, in the name of locating 106 of the instant shopping mall, was openly recruited at least once
The purchase (hereinafter “the instant sales contract”) and deposited KRW 100 million among the down payment on the same day, KRW 180 million among the down payment, KRW 180 million among the down payment on September 30, 2015, and KRW 560,000,000 in total, KRW 280,000 in the first intermediate payment on October 30, 2015. D.
Meanwhile, on May 12, 2015, F entered into a real estate security trust agreement with Co., Ltd. (hereinafter “CoCo Asset Trust”) on May 12, 2015 to lend business funds from the Korea Investment Savings Bank (hereinafter “Korea Investment Savings Bank”), and completed the registration of transfer of ownership in the name of Coco Asset Trust on May 20, 2015 with respect to the instant land due to the said trust. However, F was unable to pay the loan interest to the Korea Investment Savings Bank due to the financing shortage.