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1. The plaintiff's main claim is dismissed.
2. The Defendant: (a) KRW 524,00,000 for the Plaintiff and its related expenses on September 13, 2016.
Reasons
1. Basic facts
A. D, on January 7, 2003, started construction upon obtaining a building permit from the competent Gu office to construct a F of the third underground and the sixth underground floor size on the land of Gwangjubuk-gu E (hereinafter “instant land”).
B. On May 13, 2005, the voluntary auction procedure was initiated through G with the Gwangju District Court G on May 13, 2005, and the Defendant Company was awarded a successful bid on November 8, 2007 with respect to the instant building, and the registration of ownership preservation in the name of the Defendant Company was completed due to a commission of registration of provisional disposition on September 11, 2009.
C. On May 12, 2009, the Plaintiff: (a) purchased 113, 114, 360,000,000 commercial buildings of this case as of May 12, 2009 as the Defendant’s agent; (b) concluded a sales contract to pay the down payment of KRW 300,000,000 on the date of the contract; and (c) purchased 115,00,000,000 on August 31, 2009 the commercial building of this case as of August 31, 2009; and (d) concluded a sales contract to pay the remainder of KRW 280,00,000 on the date of the contract to pay the remainder of KRW 300,00 on September 4, 2009.
(2) The sales contract of this case is formed by adding the above two sales contracts, and the sales contract of this case prepared by the plaintiff and D is called "each sales contract of this case".
From May 12, 2009 to August 7, 2009, the Plaintiff remitted total of KRW 524,000,000 to the Defendant’s IBK Bank Account (H) as sales price for each of the instant sales contracts.
E. Meanwhile, on January 11, 2005, the defendant was established for the purpose of real estate development and sale, and the I and J appointed as joint representative director on March 5, 2008 and completed the registration on March 6, 2008. On June 2, 2008, I resigned from joint representative director and K was appointed as joint representative director and completed the registration on June 3, 2008.
[Reasons for Recognition] Unsatisfy, Gap evidence 2, 3, Eul evidence 1 to 8 (including each number), and this Court.