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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On September 23, 2015, the Plaintiff entered into a sales contract with C, the Defendant’s agent, and the Busan District captain-gun D Apartment (hereinafter “D”) to purchase (hereinafter “Class 1-1-1”) 304, 403 through 405, 503, and 506, and paid C the down payment of KRW 25 million on the same day.
B. On October 5, 2015, the Plaintiff entered into a sales contract to purchase Category C 201, D 201, 301, and 302 (hereinafter “Class 1-B sales contract”) with the Defendant’s agent, and paid KRW 20 million to Category C on the 12th day of the same month.
C. However, the transfer registration was completed due to the sale to a third party of the subject matter of the secondary sales contract.
On July 4, 2016, the Plaintiff entered into a sales contract to purchase Category C and D 202, 206, 604, 606, 701 through 703, 801, and 802 (hereinafter “the second sales contract”) with the Defendant’s agent on July 4, 2016, and decided to substitute KRW 1-1, and KRW 45 million paid as the down payment for the second sales contract as the down payment for the second sales contract.
E. On December 19, 2016, the Plaintiff notified the Defendant that the secondary sales contract will be rescinded if the Defendant did not perform the secondary sales contract by January 6, 2017.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 5, 7, 8 (including a serial number, hereinafter the same shall apply) and the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff's primary argument was the plaintiff's representative C and 1-1, 2. The plaintiff entered into the secondary sales contract with the defendant's agent C and 1-1, and 2. The plaintiff entered into the secondary sales contract with the defendant's agent C and its extension. However, since the defendant's failure to carry out the secondary sales contract, the plaintiff's cancellation is the defendant's obligation to pay the plaintiff KRW 90 million, which is the down payment of the secondary sales contract. Even if there is no right to enter into the secondary sales contract with domestic affairs C, the plaintiff is obligated to pay the plaintiff KRW 1.