A. On November 14, 2005, the Plaintiff entered into a sales contract for H 1,178 square meters and I 891 square meters (hereinafter collectively referred to as the “instant land”) as the intermediary of Defendant B, who had worked as E-real estate intermediary assistant in Nam-si, Namyang-si, and the Plaintiff located within the land transaction permission zone, and was paid KRW 153,035,637, and KRW 23,620,000 from G in accordance with the instant sales contract. Since then, the instant sales contract became null and void due to the land transaction permission.

B. Accordingly, the Plaintiff delegated Defendant B with the authority to sell the instant land to another person, and tried to refund the money received from G and F with the purchase price.

C. Defendant B, upon the Plaintiff’s delegation, sold the instant land in KRW 366,00,00 to J on September 11, 2007, received the full payment from J, and then arbitrarily used KRW 254,660,966 remaining after repaying the secured debt of the right to collateral security regarding the instant land.

Defendant B on September 22, 2008.

On May 15, 2009, he/she was prosecuted as the District Court 2008 Godan2335 on the criminal facts of embezzlement as stated in the preceding paragraph, and was sentenced by the above court to a sentence of imprisonment of one year and six months. On the grounds of unfair sentencing, he/she appealed as the District Court 2009No1065 on the grounds of unfair sentencing, and was sentenced to a sentence of imprisonment of one year and two months from the above appellate court on June 25, 2009, and the above judgment was finalized on July 3, 2009.

On the other hand, Defendant C, the wife of Defendant B, purchased the apartment of this case at KRW 450,00,000 on September 12, 2007, and completed the registration of ownership transfer on November 2, 2007.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination

A. According to the facts as to the claim against the defendant B, the defendant B in this case from the plaintiff.