2. The costs of lawsuit shall be borne by the Plaintiff.

A. On October 18, 2019, the Defendant was contacted with C (C is a person registered as a broker assistant of the D Licensed Real Estate Agent Office around November 14, 2019) as the right holder of the right to sell the instant real estate (hereinafter “instant right to sell the instant real estate”), and requested C to mediate the sales of the instant right to sell the instant real estate around October 18, 2019.

B. On the same day, C confirmed that the Plaintiff had the intent to purchase the premium of KRW 85,00,000 (However, in the contract, the premium of KRW 60,000 shall be stated in the contract), which is a condition presented by the Defendant, and notified the Defendant thereof, and received from the Defendant the account number, account number, account book, photo, and personal identification card of the Defendant by text message.

C. Upon receiving C’s contact, the Plaintiff transferred KRW 1,00,000 to the Defendant, around October 18, 2019, and KRW 9,000,000, respectively, around October 21, 2019.

After October 28, 2019, the Plaintiff remitted KRW 10,000 to the Defendant. D.

Around October 26, 2019, the Defendant agreed through C to prepare on November 2, 2019 a written contract for the sale of the instant sales right, and agreed to change the name of the instant sales right on October 7, 2019, around October 28, 2019.

E. On November 2, 2019, the Defendant notified C that he/she had no intent to sell the instant sales slip, and deposited KRW 20,000,000 received from the Plaintiff on November 26, 2019 by making the deposited person as the Plaintiff as the Busan District Court No. 6364, Dec. 26, 2019.

F. On February 26, 2020, the Defendant completed the registration of ownership transfer on the ground of sale on March 31, 2016 with respect to the instant real estate, and completed the registration of ownership transfer with respect to the said real estate on the same day, E Co., Ltd., the mortgagee E, the debtor, and the maximum debt amount of which are KRW 627,00,000 (hereinafter “instant collateral security”).

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 5, Eul evidence 1 to 4 (including branch numbers), and this court.