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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On January 25, 2013, the Defendant entered into a contract with C on January 25, 2013, 2013, Cheongju-si, Cheongju-si, Cheongju-si, Cheongwon-gu, and D, and 112, Dong-dong E-dong, 112 (hereinafter “E 112”), and real estate listed in the attached list (hereinafter “E 113”), on exchange with Pyeongtaek-si, and C shall pay 150 million won as a supplement for exchange to the Defendant.
(hereinafter “Defendant-C contract of this case.” Under the Defendant-C contract of this case, the Defendant agreed to select one of the Defendant’s lending obligations of KRW 340 million each of the Defendant’s lending of KRW 112 and 113 as collateral, and the obligation to return the lease deposit of KRW 50 million each of the above 112 and 113, and assessed the above F land as KRW 90 million, and the Defendant was transferred the ownership of the above F land from KRW 30 million until October 2013, and received KRW 90 million.
The defendant-C contract of this case contains special terms and conditions as follows:
Matters of special agreement
6. Contract under the condition that the ownership shall be transferred to one person designated by C. 11. The defendant shall delegate the sale rights of heading E 112 and 113.
B. A contract between the Plaintiff and the Defendant, wherein C is represented by the Defendant’s agent, to exchange E 13 and the Gangwon-do Seocheon-gun G and H (hereinafter “each of the instant Gangwon-do”) owned by the Plaintiff (Article 1-1, hereinafter “instant exchange contract”), and the agreement itself is drafted.
In the instant exchange contract, the Plaintiff takes over the Defendant’s loan obligations of KRW 340 million, which the Defendant borrowed as security No. 113, and the obligation to refund the lease deposit of KRW 50 million, regarding the above 113, and the obligation to return the lease deposit of KRW 113,00,000,000,000,000,000,000.
C. The instant exchange contract is accompanied by a power of attorney (Evidence A1-2) with the following content:
A power of attorney (a delegating person) for the defendant (a delegating person) (a delegating person, a mandatary) is located in the location of the items delegated to C: the petitioner.