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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. 1) The Defendant is a company primarily established for the sale and purchase and lease of real estate, and the Plaintiff is a company mainly established for the remodeling of a building. 2) On December 2, 2014, the Defendant entered into a sales agency contract with the limited liability company that is a sales agent (hereinafter “C”) and C to carry out the sales agency business on behalf of the Defendant with respect to apartment owned by the Defendant.
3) C) On May 27, 2015, as a sales agent, D Co., Ltd. (hereinafter “D”).
2) On June 19, 2015, the Plaintiff concluded a contract for construction works (hereinafter “the instant remodeling construction contract”) with the content that the construction cost shall be KRW 6,00,000 per household unit (including value-added tax) with respect to the remodeling construction works of D, Net City E and Net City F apartment (hereinafter collectively referred to as “G apartment”) as to the apartment owned by C’s Defendant, with the content that D will act as a sales agent for the said contents as above. (B) On June 19, 2015, the Plaintiff concluded a contract for construction works with the content that the construction cost shall be KRW 6,60,000 for each household unit (including E and F apartment; and (c) the construction works implemented under the instant remodeling construction contract pursuant to the instant remodeling contract (hereinafter referred to as “instant remodeling construction works”).
2) The Plaintiff is the Defendant and the Y1 and the 2nd apartment (hereinafter “H apartment”).
3) Of the G apartment 152 households, the Defendant: (a) concluded a remodeling construction contract with respect to the said 29 households; and (b) sold 29 households among the said G apartment 152 households to the Camp and the NA Co., Ltd. (hereinafter “ES”); (c) 39 households to the Masung C&C branch (hereinafter “S branch”); (d) the said 39 households to the Masung C&C branch (hereinafter “S branch”); and (c) the said 4 households to the Southern (hereinafter “Seoul”); and (d) the said 3 households to the advanced company (hereinafter “Advance”); and (e) the said 3 households (No. 104, 206 Dong105, 206 Dong 1505, 205).