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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 May 2, 2013, the Plaintiff concluded a contract with the Defendant on May 2, 2013 under which the purchase price of the building Nos. 102 of Gangnam-gu Seoul and C Ground D (hereinafter “instant building”) was KRW 593 million (hereinafter “instant sales contract”).
On May 1, 2013 and May 2, 2013, the Plaintiff paid KRW 59.3 million to the Defendant as down payment.
At the time of entering into the instant sales contract, the Plaintiff paid KRW 59,30,000 to the Defendant as the first or fourth intermediate payment from July 31, 2013 to January 20, 2014, respectively, and paid KRW 296,50,000 as the remainder for the period of designation of occupancy designated by the Defendant.
B. On July 2013, the Plaintiff paid KRW 59.3 million to the Defendant as the first intermediate payment.
C. On May 2014, the Defendant sent a written guidance for occupancy to the Plaintiff, setting the period of designation of occupancy from July 1, 2014 to July 31, 2014.
However, the Plaintiff did not pay the remainder to the Defendant.
Lrida Co., Ltd. (hereinafter “Lrida”) is a sales agent of the instant building.
At the time of conclusion of the instant sales contract, E/F, an employee of Lrida, explained to the Plaintiff as to the instant commercial building.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 5 (including branch numbers in case of additional number), Eul evidence 9 to 11
2. At the time of the conclusion of the instant sales contract, E and F, the employees of the Plaintiff’s alleged Lrida, entered into a lease agreement whereby “Awork Home Co., Ltd. (hereinafter “Awork Home”) rents all the commercial buildings on the first floor of the instant building as Pdcote.
Upon the receipt of the sales of the instant commercial building by the Plaintiff, the Plaintiff may be paid the rent of KRW 50 million and KRW 3.2 million each month from the Awork Home.
In addition, since 50% of the purchase price can be loaned, the plaintiff is only 240 million won to the defendant.