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1. The Defendants jointly share KRW 14,219,178 with respect to the Plaintiff and the period from March 15, 2016 to October 25, 2016.
Reasons
1. Basic facts
A. Defendant B received a request from D for brokerage as to selling a building of 360.8 square meters and its ground (hereinafter “instant real estate”) owned by it in the amount of KRW 1.75 billion, and agreed that D shall pay the above purchase price to KRW 1.70,000,000,000, and Defendant B shall have the remainder of KRW 50,000,000,000,000,000,000,000,000 won.
B. On December 27, 2012, Defendant B, at the “G Licensed Real Estate Agent Office” operated by Defendant C in Gwangju-gu, intended to sell the instant real estate to the Plaintiff at the “G Licensed Real Estate Agent Office,” the seller’s side of the instant real estate amounting to KRW 1.85 billion. Under the contract, the Plaintiff consented to the purport that the purchase price shall be KRW 1.7 billion, and KRW 150 million shall be KRW 150 million, and the Plaintiff shall receive KRW 1.7 billion. As to the instant real estate, Defendant B drafted a sales contract (Evidence 12) with the broker as Defendant C of the “G Licensed Real Estate Agent Office” (Evidence 12).
C. On January 10, 2013, the Plaintiff paid KRW 150 million to Defendant B in cash. Lastly, the Plaintiff paid KRW 1.85 billion in full according to the instant sales contract. Defendant B paid KRW 1.85 billion in addition to KRW 50 million that was agreed to receive fees, etc. according to the initial agreement with D, Defendant B paid KRW 100 million in addition to KRW 50 million, and only delivered KRW 1.7 billion in total to D.
Meanwhile, on April 9, 2015, Defendant B was sentenced to a fine of KRW 5 million due to a real estate agent’s violation of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act due to the lease of Defendant C’s licensed real estate agent qualification certificate by the Gwangju District Court 2014Kadan4121, and the receipt of brokerage fees, etc., and the said judgment became final and conclusive around that time. On July 12, 2016, the fact that the Gwangju District Court 2015No3176 was delegated to sell the instant real estate from D to KRW 1.75 billion, and the amount of KRW 50 million among them is the commission.