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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts recognized;
A. The registration of ownership transfer was completed on August 25, 2014 with respect to the D Building E (hereinafter “instant real estate”) in the Geum-gu, Busan (hereinafter “Seoul”) and later on September 4, 2014, the registration of ownership transfer was completed on September 2, 2014 in the name of the trustee F Co., Ltd.
B. The above trust (hereinafter “instant trust”) is a real estate security trust, and was based on a real estate security trust agreement as of September 2, 2014, which was the truster C, trustee FF corporation, G association of first priority beneficiary beneficiary, and amounting to KRW 2,925,00,000.
C. On June 16, 2015, C entered into a real estate sales contract (hereinafter “instant sales contract”) with the Plaintiff that sells the instant real estate to the Plaintiff at KRW 189,00,000 (the contractual amount of KRW 19,000,000,000 on the date of the contract, and the balance of KRW 170,00,000,000, to be paid on August 31, 2015).
The Defendant, as a licensed real estate agent, mediated the instant sales contract.
E. As the purchase price under the instant sales contract, the Plaintiff paid KRW 19,00,000 on the day of the contract, KRW 60,000 on July 10, 2015, KRW 40,000 on the same day, KRW 30,00,000 on August 25, 2015, KRW 20,000 on October 30, 2015, KRW 20,000 on October 30, 2015, and KRW 174,000 on the aggregate of KRW 5,00,000 on March 9, 2016, and KRW 174,00,000 on the same day.
(A) The Plaintiff asserted that the Plaintiff paid KRW 5,00,000 on March 21, 2016, but according to the evidence No. 6, the above KRW 5,000,000 on the D Building No. 6 appears to have been paid as an intermediate payment out of the purchase price for the building No. 5,000 in Busan, which will be seen below). (F) C received the above preferential profit from the Plaintiff, but it did not complete the registration of ownership transfer for the instant real estate to the Plaintiff, as it did not pay the above preferential profit to the G Association up to the day.
G. Accordingly, the Plaintiff filed a lawsuit against C and the Defendant for a claim for the purchase price under this Court’s 2016Gadan323482, and in the instant case, “A” (i) September 27, 2016, against the Plaintiff.