1. Facts of recognition;

A. The real estate listed in the separate sheet (hereinafter “instant apartment”) is an apartment owned by the Plaintiff on May 8, 2008, for which the ownership transfer registration has been completed in the Plaintiff’s future.

B. The Defendant decided to purchase the instant apartment at the office of the Busan Dongdong-gu E Licensed Real Estate Agent, where C is a broker assistant, and paid 50 million won to C the purchase price. On May 1, 2015, C was convicted of the Defendant on the following facts constituting the crime: < Amended by Act No. 2014, May 1, 2015; Act No. 20152, May 1, 2015>

(A) On August 27, 2014, at around 16:00 on August 27, 2014, C appealed appealed but the appeal was dismissed, and the above judgment became final and conclusive thereafter). [Fraud] Defendant (C; hereinafter the same shall apply) made a false statement to the victim B who seeks to purchase an apartment at the E Licensed Real Estate Agent’s Office where the Defendant works as a brokerage assistant, “I would allow the owner to purchase the F Apartmentdong-dong 502, Busan, which was delegated by the owner of the land to purchase the apartment at KRW 100 million.”

However, in fact, the defendant thought that he would exclusively use the apartment purchase price from the victim to pay his personal debt up to 400 million won immediately after receiving the above apartment purchase price, and eventually, he did not have the intent or ability to allow the victim to purchase the above apartment normally.

Nevertheless, as seen earlier, the Defendant: (a) concluded a real estate sales contract by deceiving the victim to sell the said apartment in KRW 100 million; (b) concluded such contract with the victim to sell the said apartment in KRW 300 million; and (c) transferred from the victim as a down payment, KRW 7 million around August 29, 2014; (d) KRW 35 million around September 2, 2014; and (e) KRW 5 million in total as part payment, around September 3, 2014; and (e) KRW 50 million in a deposit account in G’s name.

[Forgery of Private Document] The Defendant entered into a real estate sales contract with B as above and entered into a real estate sales contract with B.