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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 Plaintiff runs the real estate brokerage business under the trade name “D” in Jung-gu Seoul Metropolitan Government.
B. On April 10, 2004, the Plaintiff entered into a comprehensive delegation contract with the Defendant (Evidence A; hereinafter “instant delegation contract”) as indicated in the separate sheet, and accordingly received KRW 45,000,000 in total as down payment and intermediate payment.
At that time, the Defendant prepared a written performance statement (No. 2) stating that “The Seoul Jung-gu E Apartment 215 (hereinafter referred to as “instant real estate”) is an object to be granted the right to occupy the apartment of the removed apartment, and the ownership of each person is inevitably transferred to each other according to the terms and conditions of the relevant right to occupancy, and each person may return monetary compensation and other rights other than the right to occupancy, i.e., the right to receive compensation, e., the right to receive compensation, and shall be held liable for non-performance of the right to receive compensation. Even if the former office’s compensation is less than the amount of deposit, each person shall not be held liable, and even if the former office’s compensation is less than the amount of deposit, the additional burden shall not be imposed on the Plaintiff: Provided, That it is irrelevant to the tenant who resides in the real estate indicated before the date of removal and the person entitled to receive compensation shall be responsible for the management of the right to occupancy, thereby preventing any defect in the creation of the right to use.”
C. The purpose of the instant delegation contract and the letter of performance is to acquire the instant real estate, which is the building scheduled to be removed under the Defendant’s name, and manage the said real estate at the Plaintiff’s expense until the removal (including the return of lease deposit to lessee). In the event that the instant real estate is subject to removal and the special right to purchase the FF district (30 square meters and estimate), the Defendant acquired it and receive compensation paid to the Plaintiff.
The Plaintiff is the Plaintiff.