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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. (1) On May 10, 2008, the Plaintiff entered into a sales contract with C to purchase the real estate listed in the separate sheet (hereinafter “instant real estate”) at KRW 170 million (hereinafter “instant sales contract”) with the Defendant named as the agent of C on May 10, 2008. A sales contract prepared at that time includes “seller C, the seller’s agent, the buyer, the Plaintiff, and the selling price of KRW 190 million.”
(2) In relation to the instant sales contract, the Plaintiff received the power of delegation from C on May 3, 2008, stating to the effect that “C shall delegate to the Defendant all the authority regarding the conclusion of the instant real estate sales contract, the down payment and intermediate payment, and the receipt of any balance.”
(3) On February 6, 2009, the approval of the use of the instant real estate was granted from the competent authority, and on the same day, the registration of the preservation of ownership in C’s name was completed under the Seoul Northern District Court No. 7169.
B. On July 25, 2009, the Plaintiff: (a) sold the instant real estate to D on July 25, 2009 at KRW 149 million; and (b) received KRW 15 million from D as a down payment on September 8, 2009.
However, since the Plaintiff failed to perform its obligations such as the procedure for the registration of ownership transfer against D, the resale contract was cancelled, and on December 2, 2009, the Plaintiff paid 25 million won as penalty to D.
C. As a result of the lawsuit between the Plaintiff and C (2012Na66343) (1) on March 4, 2011, the Plaintiff asserted that, in the instant case of the ownership transfer and indemnity claim filed against C on March 4, 2011, the Plaintiff filed against C, “The instant purchase price has been reduced to KRW 145 million, and KRW 70 million has been reduced to KRW 15 million, and the remainder of the purchase price was paid in full as agreed to take over the secured obligation of the right to collateral security, C shall not be subject to the registration of ownership transfer.”