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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Defendant was the owner of the instant land in total of 34,413 square meters of forest C, and 53,176 square meters of D forest land in Gangwon-do (hereinafter “instant land”).
B. On March 4, 2016, Gangnamsan Co., Ltd.: (a) received a written consent from the Defendant to use the instant land; and (b) applied for permission to collect soil and stones on 29,900 square meters of the said D forest, among the said D forest, to the head of Kuwon-gun around September 2016 following a military unit consultation, etc.
C. On December 9, 2016, the Defendant issued and delivered the power of attorney to sell real estate in relation to the instant land to the Plaintiff, and the details thereof are as follows.
1. Real estate indication ① 52,774§³ C in Gangwon-do. ② D 34,559§³ in Gangwon-do Iron-gun;
2. To delegate all the powers relating to the above real estate sales contract;
Provided, That the purchase price of the above real estate shall be KRW 260,000 (Won 260,000,000), and the down payment shall be at least ten percent of the total amount.
(hereinafter omitted)
3. Any balance shall be paid within a week ( seven days) after collection of earth and stone is completed with respect to the collection of earth and stone on the land on the land on which the business of restoring light oil lines is in progress as of the said real estate, and about 23,456 square meters of the approval and permission from the Korean War Office, and the payment thereof shall be made in person to the landowner;
(hereinafter omitted)
5.The power of attorney shall be effective not later than two months from the date following it and shall cease to have effect after the expiration of the period:
On December 9, 2016, the Defendant and the Plaintiff drafted a “real estate development and sale agency service contract” related to the instant land, and the details thereof are as follows.
1. Real estate indication ① The business of 52,774 square meters in Kuwon-gun, Jeonwon-gun. ② The business of 34,559 square meters in Dong Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do do Do Do Do Do Do Do Do do Do Do Do Do Do do Do Do Do Do Do do Do do Do do Do do do do do
its cost and procedure;