1. The judgment of the court of first instance is modified as follows.

Defendant’s KRW 63,480,558 and KRW 7,898,454 among the Plaintiff’s KRW 5.

1. Basic facts

A. The Defendant is a person who runs real estate brokerage business under the trade name of “C” without qualification as a real estate broker.

B. Around May 2015, the Plaintiff requested the Defendant to sell the instant land at KRW 274,00,000 (the purchase price of KRW 265,000,000) between E and E on June 2015, the Plaintiff entered into a sales contract with the Defendant to sell the instant land at KRW 274,00,000 (the purchase price of KRW 265,000,000).

However, E did not pay the balance after paying the down payment of KRW 30 million and renounced the above sales contract.

C. Upon the request of E, the Defendant: (a) the new purchaser succeeded to the above sales contract to return the down payment to E; and (b) the new purchaser.

On July 6, 2015, the Plaintiff concluded a sales contract with F, G, and H, a new purchaser of the instant land, to sell the instant land at KRW 265,00,000 (hereinafter “instant sales contract”). At the Defendant’s recommendation, the sales contract did not state the purchase price at KRW 265,00,000, which is the actual purchase price of the instant land, and stated the purchase price at KRW 398,115,00,000, instead of stating the purchase price at KRW 265,00.

At the time, the Defendant agreed to prepare a so-called business contract, stating that the Plaintiff would be entitled to reduction of or exemption from capital gains tax, and that real estate buyers would favor the preparation of so-called business contract, stating a height of the purchase price, and the Plaintiff consented thereto.

E. On June 22, 2015, the Plaintiff paid KRW 4,000,00 to the Defendant as a real estate brokerage fee.

F. Since then, the Plaintiff was imposed an administrative fine of KRW 14,32,130 on January 20, 2016 by the North Korean head of the Si/Gun/Gu, pursuant to Article 8(3) of the Act on Report of Real Estate Transactions, due to the detection of false declaration of price of real estate transactions (business contract) in relation to the instant sales contract, and entered the transaction price in the sales contract differently from the actual transaction price.