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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 November 10, 2010, the Plaintiff: (a) obtained a loan of KRW 1.8 billion to the Defendant under the name of the Defendant from November 1, 2005 to November 201, 201; and (b) agreed to pay KRW 60 million to the Defendant for the sale of the above land and the above above ground buildings under the pretext of consolation money for the Defendant who became a habitual debtor (hereinafter “instant agreement”).
(The above agreement is written in D as the location of the instant real estate, but it is a clerical error in C. The Plaintiff’s obligation to the Defendant based on the above agreement is “instant obligation”.
Each real estate of this case was sold to the Dr.S. World Diplomatic Association on August 31, 2012, one of the reasons for sale due to voluntary auction on August 31, 2012
C. On February 20, 2014, the Defendant filed an application with the Plaintiff for the instant payment order claiming KRW 60 million as stipulated in the instant agreement and damages for delay thereof, and on June 3, 2014, the instant payment order became final and conclusive as it was.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 6 (including branch numbers), the purport of the whole pleadings
2. The assertion and judgment
A. The agreement of this case asserted by the plaintiff is that the defendant shall pay to the plaintiff 60 million won on the condition that each real estate of this case is sold by the defendant's brokerage. The defendant did not act as a broker for each real estate of this case, and since each real estate of this case was sold by auction, the conditions stipulated in the agreement of this case were not fulfilled.
Therefore, the Plaintiff’s debt against the Defendant under the instant agreement does not exist, and compulsory execution based on the original copy of the instant payment order shall be denied.
B. (1) First, the Plaintiff’s debt against the Defendant as stipulated in the instant agreement may sell and arrange each of the instant real estate.