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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. On April 17, 2014, the Plaintiff was a juristic person established for the purpose of real estate development business, building construction business, etc., and D’s representative director entered into a contract for the construction of multi-household housing unit E (hereinafter “instant housing”) (hereinafter “instant construction”) with the bankrupt on April 17, 2014, under which the construction cost shall be paid for 1.23 billion won (excluding value-added tax), bank loans and sales proceeds (hereinafter “instant construction contract”), and a contract for the construction work (hereinafter “instant construction contract”), with the construction cost of KRW 128 million (hereinafter “instant civil construction contract”).
On December 1, 2014, the Plaintiff and the bankrupt concluded a contract to change the contractor of the instant construction contract from D to the Plaintiff.
B. In addition, on October 13, 2014, the Plaintiff entered into a sales agency contract with the bankrupt and the Plaintiff with the content that the Plaintiff is entrusted with all of the affairs related to the sales agency and the affairs related to the sales agency of the instant housing, the right to vicariously lend bank loans to the bankrupt, the right to advertise and publicize the sales price, and manage the sales price, but instead, is paid 3% of the total sales price with the sales agency fee (hereinafter “instant sales agency contract”).
C. On November 26, 2014, the Plaintiff completed the instant construction, and on November 26, 2014, registered the preservation of ownership for 16 households of the instant housing under the name of the bankrupt.
On the other hand, on March 31, 2017, the bankrupt was declared bankrupt by Suwon District Court 2016Hadan5288, and the defendant was appointed as the bankruptcy trustee of the bankrupt on the same day.
【Fact-finding without any dispute, Gap's 1 through 7 evidence, Gap's 15 evidence (including various numbers; hereinafter the same shall apply), Eul's evidence 3, a significant fact in this court, and the purport of the whole pleadings
2. The cause of the action.