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1. The plaintiff's appeal and the claim extended in the trial and the defendant's appeal are all dismissed.
2. Costs of appeal.
Reasons
1. Facts of recognition;
A. 1) On May 10, 2008, the Plaintiff entered into the instant sales contract with D Real Estate located in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, Seoul, referred to as H’s agent during the attendance of the Defendant operating G Real Estate as E, F, and the Plaintiff, the buyer, who works for D Real Estate as a seller broker of D Real Estate, and as the Plaintiff’s agent, the Plaintiff refers to H’s agent, and as indicated in the attached list (hereinafter “instant real estate”).
A) The sales contract to purchase KRW 170 million (hereinafter “instant sales contract”) is called “instant sales contract.”
A) The sales contract (Evidence A) drafted at the time was indicated as “I by the seller’s agent, I by the purchaser, the Plaintiff, and the selling price of 190 million won.” 2) The Plaintiff, in relation to the instant sales contract, delegated H with H, “I all of its authority concerning the conclusion of the instant real estate sales contract, the down payment and intermediate payment, and any balance receipt.” The Plaintiff was issued with the power of proxy as of May 3, 2008.
B. The Plaintiff paid a total of KRW 5 million by December 15, 2008, including deposit of KRW 10 million on the passbook in the H’s name as the purchase price, KRW 10 million on May 12, 2008, KRW 10 million on May 19, 2008, KRW 30 on June 30, 2008, KRW 10 million on July 2, 2008, KRW 110 million on July 11, 2008, and KRW 5 million on December 15, 2008.
C. The registration of preservation of H’s ownership was completed on February 6, 2009 with respect to the instant real estate, and the approval for use was granted from the competent authority on February 6, 2009, and on the same day, the registration of preservation of H’s ownership was completed under the name of the Seoul Northern District Court No. 7169.
I written a written waiver of the real estate of this case to H around February 2009 (or around March 2, 2009) and I waived all delegation rights with respect to the real estate of this case, and collected various construction costs and profits from the receipt of community credit cooperatives, down payment, intermediate payment, etc., and settled the balance, etc. of H’s remaining debts.