1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Basic Facts

C is a person who runs a brokerage business for the sale and purchase of equipment under the trade name of D (F, the wife of C, is the representative director).

On July 15, 2009, the Plaintiff entered into a contract with the Defendant’s agent C to purchase the attached construction machinery owned by the Defendant (hereinafter “instant machinery”) with the purchase price of KRW 230 million (hereinafter “instant sales contract”). Of the purchase price, the contract deposit of KRW 20 million is paid in KRW 95 million on the date of the contract, the intermediate payment of KRW 95 million on July 27, 2009, and the balance of KRW 115 million on August 15, 2009. At the same time, the Plaintiff agreed to receive documents necessary for the alteration of the registered matters of the instant machinery and the instant machinery.

At the time of the conclusion of the instant sales contract, the Defendant entered into a special agreement with the Defendant to cancel the registration of the construction machinery subject to sale so that the Plaintiff may export the construction machinery and to exchange the registration registration certificate with the balance. Accordingly, the instant construction machinery was cancelled on August 31, 2009 by the Defendant, and its registration was revoked on September 3, 2009, and its ownership was transferred to D on April 22, 2010.

[Judgment as to the plaintiff's claim for the whole pleadings] The non-contentious facts, Gap's evidence 1, 6 and Eul's evidence 7 and 8, and the whole pleadings

A. The facts of recognition are that the Plaintiff paid part of the intermediate payment and the remainder to the Defendant on July 15, 2009, the date of the contract pursuant to the instant sales contract. However, the intermediate payment is not paid by July 27, 2009, which is the date of the intermediate payment, and the intermediate payment is not paid by July 27, 2009, with the Defendant’s understanding, and the part of the intermediate payment and the remainder are paid to the Defendant on August 21, 2009, by remitting around 100,00 U.S. dollars (Korean USD 124.6 million) to the Defendant on August 21, 2009, the Plaintiff paid the remainder to the Defendant on October 16, 2009, KRW 20 million on November 13, 2009, KRW 4 million on November 13, 200, KRW 2000 on each of the instant intermediate payment.