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1. The plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. The F Co., Ltd. (hereinafter “F”) is a company engaged in real estate development and sales as an agent, and D Co., Ltd. (hereinafter “D”) is a company that runs real estate sales and sales business.
B. G prepares a written contract with the name of D, the network A (hereinafter “the network”) and the name of F on April 5, 2013, with respect to a private rental housing association apartment project of the Hail-gun, Chungcheongnam-gun, Chungcheong-gun, with a view to granting D the authority to sell apartment units to F and having F carry out the sale of apartment units by proxy.
(hereinafter “instant parcelling-out agency contract”). (c)
The Deceased died on July 14, 2015, and the Plaintiffs, the parents of the Deceased, taken over the lawsuit.
D was merged to the defendant on October 28, 2016, and the defendant took over the lawsuit.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, and 3 and the purport of the whole pleadings
2. The gist of the plaintiffs' assertion G, after being delegated by D with legitimate authority to conclude the instant sales agency contract, concluded the said sales agency contract with the deceased (F). G at the time, "the deceased would undertake the apartment business in a prompt manner" and the deceased paid KRW 100,000,000 to D as stipulated in the said contract.
However, D had never been carrying on the business at all, and D had deceiving the deceased, even though it had not been able to carry on the business from the beginning, and acquired a security deposit for sales agency from the deceased by deceiving the deceased.
Therefore, the plaintiffs primarily cancel the sales agency contract of this case, and the conjunctively terminate the sales agency contract of this case on the grounds of D's default, and seek the return of KRW 100,000,000 against the defendant.
3. Determination
A. The following circumstances are acknowledged in full view of each description of Gap evidence Nos. 2, 3, 4, 6, and Eul evidence No. 1 and the purport of all pleadings.
1. The case.