1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. On August 10, 2012, the Plaintiff entered into a contract with the Defendant (the husband of D) who is a licensed real estate agent entrusted with the authority to conclude a contract with D to sell the apartment 310 Dong-dong 1409 (hereinafter “instant apartment”) in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “the first contract”). The following documents related to the first contract were prepared:

1) The sales contract between the Plaintiff and the Defendant related to the instant primary contract is KRW 27 million, but the down payment of KRW 19 million is KRW 28 million, at the time of the contract, the intermediate payment of KRW 28 million is to be paid to the Plaintiff on August 8, 2012, and the remainder of KRW 180 million is to be paid to the Defendant on October 5, 2012 (hereinafter “instant sales contract”).

(2) The Plaintiff, according to the terms and conditions of the instant sales contract, prepared a receipt that received KRW 19 million from D, around August 4, 2012, the intermediate payment of KRW 28 million, and KRW 47 million in total, around August 2012.

3) On August 10, 2012, D of the Agreement: (a) drafted an agreement on the transfer income tax with the purport that “the purchaser bears the burden of KRW 227 million upon the occurrence of the transfer income tax on the sales contract of the instant apartment.” (b) On August 18, 2012, the Defendant recommended the Plaintiff to cancel the first contract and conclude the second contract again with E, and on behalf of D, recommended that “the first contract shall be terminated, and the down payment and the intermediate payment that the Plaintiff received to D shall be refunded to D” (hereinafter “instant termination agreement”).

The legal content seems to retroactively terminate the contract.

(c) On August 18, 2012, the Plaintiff drafted a contract between E and E as a broker of the Defendant to sell the instant apartment with the following content (hereinafter referred to as “the second contract”).