2. The costs of appeal shall be borne by Defendant B.

Purport of claim and appeal

1..

A. Defendant C is his father and wife of Defendant B.

Defendant D is a licensed real estate agent operating G Licensed Real Estate Agent Office (hereinafter “instant office”), and H is an office worker of the said broker office.

B. Upon the introduction of Defendant D, the Plaintiff listened to the speech that the Gyeonggi-gun E Apartment F Co., Ltd. (hereinafter “instant apartment”) owned by Defendant B (hereinafter “instant apartment”) went into water, and subsequently transferred KRW 3 million of the provisional contract amount to H account on July 29, 2017, after having decided to purchase the instant apartment.

C. On August 16, 2017, I, the Plaintiff’s agent, entered into a contract with Defendant C, the agent of Defendant D, to purchase the instant apartment amounting to KRW 250 million (hereinafter “instant contract”). The main contents are as follows.

At the time, I and Defendant B confirmed that there is a tenant in the apartment of this case between the two parties, and H had the custody of KRW 3 million as the provisional contract amount, and the Plaintiff agreed to receive the apartment of this case at the same time as the remainder payment.

[Defendant B and C alleged that Defendant C did not have the power to execute the instant sales contract from Defendant B, and that Defendant C did not ratification the said sales contract, but Defendant C appears to have been the actual owner of the instant apartment; Defendant B continued to manage the instant apartment; Defendant B visited the instant office on August 19, 2017 to supplement documents proving the power to execute the instant sales contract; and H had the power to execute the instant sales contract; Defendant C also affixed Defendant B’s photograph to prove the Plaintiff’s visit; and Defendant C received the power to execute the instant sales contract from Defendant B’s agent as well after the conclusion of the said sales contract; in light of the fact that Defendant C had the power to execute the instant sales contract as to the conclusion of the instant sales contract, the remainder of KRW 25 million (payment date Oct. 31, 2017) and the nonperformance of obligation under Article 65 million (payment Date).