A. On June 20, 2014, the Plaintiff entered into a sales contract with C and Gangdong-gu Seoul Metropolitan Government (hereinafter “instant store”) with a view to purchasing KRW 36,00,000,000 for KRW 170,000,000,000 for KRW 17,000,000,000 for the contract date, intermediate payment, KRW 51,000,000 for the remainder payment, around June 26, 2014, to pay each of the remaining 12,00,000 won around September 3, 2014 (hereinafter “instant sales contract”).

The defendant is a broker of the seller C, and E was a broker of the plaintiff who is the buyer.

B. In entering into the instant sales contract, the Plaintiff and C entered into a special agreement with the following: (i) “A shall cancel the provisional attachment of the Korea Exchange Bank immediately after the receipt of the down payment, the National Health Insurance Corporation, and the Gangdong-gu Seoul Metropolitan Government’s seizure; and (ii) shall cancel the registration of the establishment of a collateral security (hereinafter “the instant collateral security registration”) of the future 2 Savings Bank (hereinafter “Se-2 Savings Bank”) immediately after the receipt of the intermediate payment, and shall cancel the entire registration of the establishment of a collateral security (hereinafter “the instant collateral security registration”) prior to the payment date of the remainder; and (iii) shall cancel the registration of the establishment of the Korea Exchange Bank’s collateral security (the deposit KRW 30 million and the monthly rent KRW 12 million) with respect to the instant store for three years from the date of the payment of the remainder; and (ii) the lease agreement shall not be terminated without the consent of the Plaintiff.”

C. According to the instant sales contract, the Plaintiff paid C the down payment of KRW 17 million on June 20, 2014, and KRW 51 million on June 26, 2014, respectively.

On the other hand, C decided to entrust the management of the purchase price to the Defendant in order to guarantee the implementation of the above special agreement, and ordered both the down payment and the intermediate payment received from the Plaintiff to the Defendant on the day of payment.

The defendant shall be around June 25, 2014.