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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 Defendant acquired ownership by purchasing the machinery and apparatus as stated in the detailed statement of appraisal of the relevant factory building (hereinafter “instant machinery and apparatus”) and the attached machinery and apparatus on the land and the structures on the land and the structures on the land at the time of harmony C, D land and above, which are owned by Suwon District Court B in the process of voluntary auction, and paying KRW 2,320,250,000 on June 28, 201.
B. On March 27, 2014, E, the Plaintiff’s agent, entered into a contract with the Defendant to purchase the instant machinery and appliances at KRW 950,000,000 (hereinafter “instant sales contract”), and paid the down payment of KRW 100,000,000 on the same day, and the intermediate payment of KRW 300,000,000 on April 21, 2014, respectively.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 5 (including branch numbers, if any; hereinafter the same shall apply), significant facts in this court, the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The Plaintiff’s assertion was introduced by F, as a broker, G with all powers with respect to the sale of the instant machines and instruments, and expressed to G the wish to purchase only two printing machines 2, B-B unit printing machines 2, and Yju (SO) 2, among the instant machines and instruments (hereinafter “each of the instant machines and instruments”), among the instant machines and instruments, only the instant machines and instruments are intended to purchase.
As such, G, the Defendant’s agent, together with F, refers to F, that “Notwithstanding the absence of the intent or capacity to resell the remaining machinery and apparatus, other than the machinery and apparatus desired to purchase the Plaintiff to a third party, G, the Defendant’s agent, means to the effect that “I want to purchase part of the machinery and apparatus in this case in Busan Daily, Seoul Newspapers, Uzbekistan, India, India, etc.,” and that “I will be responsible for the resale of the remaining machinery and apparatus before the due date for payment according to the sales contract of this case.”