1. The plaintiff's claim is dismissed.

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

Basic Facts

A. On December 26, 2014, the Plaintiff prepared a land sales contract (hereinafter “instant contract”) with respect to one-half share of the purchase price of KRW 80,000,000, out of D, Seopo-si, Seopo-si, Seopo-si, the Plaintiff owned (hereinafter “instant land”) and KRW 769,00,000, and C affixed the seal of E Co., Ltd (hereinafter “E”) to the seller column after “E representative C”.

B. On the day when the instant contract was prepared, the Plaintiff paid 10,000,000 won to C, and transferred KRW 16,000,000 to E account on January 27, 2015.

C. On July 9, 2015, the Plaintiff notified the Defendant of the fact that “The Plaintiff prepared for the remaining money, but failed to receive the transfer documents, etc., and is conducting an auction on the instant land.” As such, the Plaintiff notified the Defendant of the cancellation of the contract with no intent to perform the contract, and return the double and intermediate payment by July 15, 2015.”

[Reasons for Recognition] The Plaintiff, as a whole, concluded a sales contract with E representative director C, which is the Defendant’s representative, with respect to the portion of 1/2 out of the land in this case.

Even if the representative director C did not have the power of representation, the defendant delivered the power of representation to C, the plaintiff believed that C had the power of representation, and there are justifiable grounds for believing that C had the power of representation.

As such, the above sales contract is valid.

The plaintiff performed the contract in accordance with the effective contract, but the defendant refused to perform the contract in accordance with the above contract, and cancelled the contract. The defendant is obligated to refund the plaintiff the total amount of KRW 36,000,000,000, including the intermediate payment of KRW 20,000 and the intermediate payment of KRW 16,000,000, and damages for delay.

Judgment

Whether the Defendant entered into a sales contract for the instant land or not, the fact that C, the representative director of E, prepared the instant contract, is as seen earlier, and as set forth in subparagraph 1.