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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The assertion and judgment
A. The gist of the Plaintiff’s assertion is the representative of limited partnership D (hereinafter “foreign company”), and the Plaintiff pays to the Defendant a brokerage commission of KRW 33 million on the condition that the Plaintiff sells each land of E, F, G, and H (hereinafter “each land of this case”) to the Defendant in official cities, etc., and pays KRW 35 million in total to the Defendant under the pretext of the increase in which the Plaintiff would obtain a loan from a financial institution. However, the Defendant did not sell each of the land of this case to the Defendant at official cities, etc., and used it voluntarily, and thus, the Plaintiff should refund the above brokerage commission and loan increase amount of KRW 35 million to the Plaintiff.
B. According to the reasoning of the evidence No. 1-4, No. 1-1-4, and No. 2 and No. 7, the Plaintiff is the owner of each land of this case, and the Plaintiff from February 15, 2013 to the same year.
7. up to September, it may be recognized that the sum of KRW 33 million has been paid to the Defendant.
However, there is no evidence to acknowledge the Plaintiff’s assertion that the Plaintiff paid KRW 2 million to the Defendant as a loan increase.
In addition, each of the evidence mentioned above, Gap evidence Nos. 3, Eul evidence Nos. 5, Eul evidence Nos. 1-2, and Eul evidence Nos. 5-2, and Eul evidence No. 5, the defendant concluded a sales contract with respect to the non-party company's representative for the purpose of establishing real estate sales and lease, real estate management agency, guidance and consultation on the use and development of real estate. The non-party company entered into a sales contract with respect to the above 33 million won paid by the plaintiff as the expenses for real estate consulting, etc. as to the supply price of 30 million won, and the tax invoice of 33 million won as the total tax amount as of February 13, 2013, the plaintiff issued and delivered the tax invoice to the plaintiff as of June 1, 2013.