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1. Of the judgment of the court of first instance, the part against the Defendants exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Basic facts of the request;
A. (1) On December 6, 2016, the Plaintiff entered into a sales contract with E to sell the land of KRW 2536 square meters (hereinafter “instant land No. 1”) prior to E in Leecheon-si, for KRW 483,000,000,000. On the same day, the Plaintiff’s East Dong D entered into a sales contract with E to sell the said land of KRW 3140 square meters prior to G (hereinafter “instant land No. 2”) for KRW 598,000,000,000,000. Defendant B, a licensed real estate agent, as both the Plaintiff, D and E, as the seller, arranged each of the above sales contracts (hereinafter “instant sales contract”).
(2) On February 2, 2017, E paid the balance of the instant sales contract to the Plaintiff and D, and completed each registration of transfer of ownership as to the land Nos. 1 and 2 for the said sale reason. During the registration process, E spent KRW 39,84,690 ( KRW 17,757,410 for the land No. 217,757,410 for the land No. 1 and 22,087,280), and Defendant B participated in the process of paying the balance.
(3) Around that time, Defendant B received KRW 14 million from the Plaintiff, KRW 10 million from D, and KRW 12 million from E with the brokerage commission of the instant sales contract.
(4) On February 2, 2016, the Defendant C Association (hereinafter “Defendant Association”) entered into a mutual aid agreement with Defendant B to guarantee liability for damages arising from the Defendant B’s real estate brokerage, setting the period of mutual aid as KRW 100 million and the period of mutual aid from February 6, 2016 to February 5, 2017, and issued the certificate of mutual aid to Defendant B.
B. Around May 26, 2016, Echeon-si publicly announced a draft of an urban management plan and a schedule for holding a presentation session for residents to establish a “YJ” (hereinafter “instant welfare center”) on the land of 13,774 square meters (including the land Nos. 1 and 2 of this case) of Echeon-si, Echeon-si, Echeon-si, as well as a plan for holding a presentation session for residents.
(2) Leecheon-si shall hold an explanatory meeting for the above resident at the K-Myeon Office around June 10, 2016.