1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On November 26, 2018, the Plaintiff purchased the gas station from the Defendant in the amount of KRW 1.44 billion (the contract deposit of KRW 100 million, the down payment of KRW 40 million, and the down payment of KRW 1.3 billion on December 3, 2018, and the remainder of KRW 1.3 billion on December 20, 2018, from the Defendant on November 26, 2018.

(hereinafter “instant sales contract”). B.

On December 20, 2018, the Plaintiff paid a balance to the Defendant and completed the registration of ownership transfer with respect to the instant real estate.

C. On April 1, 2019, the Plaintiff filed a lawsuit against E seeking compensation for damages arising from the delivery and non-performance of the duty of delivery of the instant real estate, in order for E, who had operated the gas station by leasing the instant real estate, to not deliver the instant real estate.

In the relevant case, on September 20, 2019, between the Plaintiff and E, “E shall deliver the instant real estate to the Plaintiff by January 31, 2020, and the Plaintiff shall pay E money after deducting the overdue rent from the lease deposit, simultaneously with the delivery of the instant real estate from E. The Plaintiff shall waive the remainder of the claims.”

[Attachment 3, 5, 10, 13 evidence, and the purport of the whole pleadings, as a whole, of the facts that there is no dispute on the basis of recognition]. [Attachment 2019da78919]

2. Determination as to the cause of action

A. The gist of the Plaintiff’s assertion was that the Defendant presented the existing lessee, and agreed to deliver the instant real estate to the Plaintiff by March 20, 2019.

The Defendant breached the duty of delivery. Accordingly, the Plaintiff suffered damages of KRW 22,00,000,000,000 for alternative gas stations, KRW 10,345,00 for E, and interest on loans for the payment of remainder. 42,141,883, in total, KRW 74,486,883.

Therefore, the defendant should pay damages to the plaintiff KRW 74,486,883 and damages for delay.

(b).