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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 May 16, 201, the Defendant or his ASEAN owned 13 lots, including Gyeonggi-si D, and on May 16, 201, concluded an agreement with E (the representative F; hereinafter “E”) to sell the said land by the end of December 2011. However, as to the remaining parcels after the completion of the sale, the agreement to sell the land by proxy was prepared with the content that E would directly purchase the land (hereinafter “instant agreement to sell the land by proxy”).
B. On June 23, 2011, the instant land was divided into 10,695 square meters of H forest, 695 square meters, 6,524 square meters of J forest, and 6,406 square meters of J forest, 6,421 square meters of K forest, and 8,028 square meters of L forest and 8,028 square meters of land (hereinafter “instant real estate”), and thereafter, the instant real estate was divided into each real estate listed in the attached Table on February 17, 2014.
[Ground of recognition] Facts without dispute, Gap 1-1 through 3, Eul 1, Eul 4-2 through 13, the purport of the whole pleadings
2. Judgment on the parties' arguments
A. The Plaintiff’s assertion 1) The gist of the Plaintiff’s assertion is that the Plaintiff entered into a land sale contract with E, to whom the Defendant delegated sales authority on October 21, 201, and 218 square meters (719 square meters) among the instant real estate, and to purchase KRW 43.6 million among the instant real estate, and paid the price in full. The Defendant is liable for the Plaintiff to implement the registration procedure for transfer of ownership as to each real estate listed in the separate sheet on the ground of the said sale. 2) The Defendant did not delegate the right to sell to E as to the instant real estate to E, and thus, the Plaintiff entered into a sales contract with E, and the Defendant did not receive the price from the Plaintiff under the said sales contract.
(b) Determination A, 1-1 to 3, 4-2, 5, 7, 8-1 to 5, 9-2, 12, and 18, as a whole, are considered as follows: