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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 February 9, 2010, the Plaintiff entered into a sales agency contract with the Defendant with the content that, at the time of entering into the contract, the Plaintiff would pay the Defendant the sales agency deposit KRW 150 million (hereinafter “instant sales agency deposit”) to the Defendant at the time of entering into the contract with the Defendant, and that, at the time of carrying out the sales agency service of the said apartment, the Plaintiff would be paid the remainder excluding the amount of KRW 21 million per square year from the Defendant as the sales agency fee (hereinafter “instant sales agency contract”).
B. On February 9, 2010, the Plaintiff paid to the Defendant a total of KRW 150 million, including KRW 100 million on February 19, 2010 and KRW 50 million on September 19, 201.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 2, Eul evidence No. 3, the purport of the whole pleadings
2. The parties' assertion
A. The plaintiff's assertion that Article 8 of the sales agency contract of this case provides that "the period of sales agency shall be six months from the date of conclusion of the contract," and Article 9 provides that "the security deposit for sales agency of this case shall be returned within three months from the date of the service contract of this case, and shall also be returned simultaneously with the settlement of bonds at the time of the 15 shop offering." In addition, at least three months have passed since the date of the conclusion of the contract of sales agency, and the defendant stated that the request for the return of the security deposit for sales agency of this case shall be returned to the defendant as the sale or sale of the commercial building of this case. Since the sale of this case was not due to the reasons attributable to the defendant, the defendant is obligated to refund the whole amount of the security deposit for sales agency of this case and damages for delay to the plaintiff pursuant to
B. The defendant raised an objection to the entry of Article 9 of the sales agency contract prepared by the plaintiff at the time of entering into the contract for sales agency of this case, and the plaintiff raised the objection.