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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On October 8, 2014, the Plaintiff entered into a contract with Defendant B to purchase E (hereinafter “instant contract”) 200 million won (including lease deposit 40 million won, premium and fixtures, 160 million won), which is located within 210,000 won (including all of the lease deposit 40 million won, premium and fixtures) of the building No. 210, Yongsan-gu, Yongsan-gu, Seoul. The main contents are as follows.
1) 100 million won out of the purchase price of KRW 200 million shall be paid in advance on October 8, 2014, and any balance of KRW 100 million shall be paid by December 10, 2014. 2) A seller shall transfer a lease contract to a buyer when he/she received KRW 100 million for the first installment of the purchase price, and delegate the rights and operating rights of the said sales store to a buyer.
3) All of the above contracts confirm that the sales store was conducted on the premise that the sales store was secured as sk agency and approved. 4) If the sales store is not secured and permitted as sk agency, the seller shall immediately refund the sales price, all expenses, and all expenses paid to the buyer.
5) Even if the contract was changed from the Plaintiff, a lessee, to F, to the Plaintiff, it is confirmed that the said location of the contract has the authority to the Plaintiff. B. The Plaintiff paid KRW 100 million to the Defendant B pursuant to the instant contract by October 8, 2014, comprehensively taken over the status of the lessee of E-building, and established F Co., Ltd. for the operation of E. [based on recognition]. The Plaintiff did not dispute (based on recognition), Party A’s evidence Nos. 1 through 7 (each entry in number, and the purport of the entire pleadings).
2. The Plaintiff’s assertion is a contract under the condition that E is expected to win and approve it as sk agency, and is invalidated due to non-performance of the condition, or cancelled its failure to perform the obligation to win and approve the said agency. As such, Defendant B, as a representative of the name of E, and the party to the instant contract, Defendant C, as the real owner of E, was assigned to the Defendant B’s user and E as an agency.