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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The parties B (i.e., a merger with the Plaintiff; hereinafter “Plaintiff”) are a special purpose corporation established by C (hereinafter “C”) to implement an urban development project, and the Defendant is a person who entered into a real estate consulting service contract with the Plaintiff.
B. Around 2009, the Plaintiff entered into a real estate consulting service contract with the Defendant (hereinafter “instant contract”) with the following content.
The plaintiff is "A" and the defendant "B".
Article 1 (Purpose) A entrusts B with the trade of the land (F, G, H, I, and hereinafter referred to as “instant land”) owned by the E clan located in Sungnam-si D (hereinafter referred to as “E clan”), and B shall fulfill the entrusted duties in good faith.
Article 2 (Period of Contract) The period of this contract shall be from the date of execution to the date of completion of sale.
Article 3 (Fees for Consulting Services)
1. Total amount: 760,000,000 won (excluding value-added tax);
2. It appears that the sale price is the service fee.
A shall pay the purchase price to the clan E at the same time as the purchase price is paid.
Article 5 (Termination of Contract and Compensation for Damages)
1.If the promotion of the project is difficult or long-term delay is difficult due to problems under relevant laws or regulations, or difficulties in authorization or permission processes, and it is difficult to normally promote the project due to problems such as aggravation of balance of the project, A may terminate this contract with written notice, and B shall not be responsible for any cause attributable to A.
3. When the contract is terminated due to the reasons referred to in paragraphs (1) and (2), A’s obligation to pay consulting service fees shall be automatically terminated, and B shall return the amount already paid.
C. The Defendant’s purchase of land performed his service, and the Plaintiff purchased the instant land from the clan, and around February 2010, K.K. Co., Ltd., Ltd., the Plaintiff’s J as the representative of the Plaintiff’s directors, on G land and I land among the instant land.