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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Basic facts
A. The Plaintiff is engaged in a licensed real estate agent business with the trade name “D” in the Yangcheon-gu Seoul Metropolitan Building, and the Defendant served as the office at the Plaintiff’s office from around 1999 to May 2012.
B. At the time, the building registered only in the Seoul Special Metropolitan City’s site and the old unauthorized building were acquired through consultation with the Seoul Special Metropolitan City project, the special right to sell apartment buildings or the compensation was granted to the owner of the building. The Plaintiff and the Defendant purchased the above real estate by investing the expenses jointly with the Plaintiff and traded a number of real estate transactions that make profits
C. The Plaintiff and the Defendant introduced Jongno-gu Seoul Metropolitan Government F apartment G (hereinafter “F apartment”) in which compensation for green space creation works pursuant to the urban planning project is expected from E as an unauthorized building from E. The Plaintiff and the Defendant reported the Defendant’s Ha to the householder at the time as the head of the Plaintiff’s domicile and prepared a sales contract to purchase the F apartment under the name of H.
The purchase price stated in the above sales contract is KRW 28.5 million, and the contract date is August 12, 2005.
On the other hand, on December 26, 2005, the defendant remitted 18,000,000 won to the plaintiff, and the plaintiff remitted 38,50,000 won to E on the same day.
Since then, F apartment was acquired through consultation, 63,33,30 won was paid as building compensation to H, and the eligibility for special supply of national housing was granted.
H entered into a sales contract in which Mapo-gu I Apartment (25 square meters; hereinafter “instant apartment”) was sold in 246,886,000 won on May 17, 2010 upon receipt of an application for special supply of the said national housing, and entered into a sales contract to sell the instant apartment in 530,000 won to theO on August 7, 2016, and transferred the ownership of the instant apartment to theO on November 10, 2016.
E. The Plaintiff is the Defendant around October 11, 2017.