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1. The plaintiff
A. Defendant B’s KRW 115,900,000 and for this, 5% per annum from November 1, 2016 to September 13, 2018.
Reasons
1. Basic facts
A. On November 2014, Defendant B received a proposal from the Dong G to “to purchase the subscription savings if Defendant B subscribed to it,” and transferred the subscription certificate to the Dong G in KRW 12,000,000.
B. On February 1, 2015, the network G transferred the savings certificate transferred by Defendant B to Defendant E in KRW 30,000,000, and Defendant E again transferred the said savings certificate to Defendant F and I in KRW 36,340,000.
C. When Defendant F applied for an application for subscription in the name of Defendant B to the K apartment supplied by J (hereinafter “J”) on June 2015 by using the savings certificate so transferred, and won the winning in the above apartment L, Defendant F decided to resell the right to sell the above apartment (hereinafter “instant right to sell the apartment”). Defendant C, etc.
On June 16, 2015, the Plaintiff decided to purchase the instant sales right with Defendant C’s mediation, and deposited KRW 62,000,000 in the bank account in Defendant F’s name, and received documents related to the instant sales right from Defendant F.
E. The above apartment building is a housing subject to the sales price ceiling system, and as such, Defendant B, the title holder of the application for parcelling-out, was unable to resell the sales price for one year in accordance with the relevant provisions of the Housing Act. Defendant B, the title holder of the application for parcelling-out, prepared a supply contract on the above apartment building with J on June 24, 2015, and the Plaintiff paid the down payment of KRW 115,90,00
F. However, on December 2015, Defendant B voluntarily cancelled the above apartment supply contract, and received 57,950,000 won, excluding penalty, from J, 115,90,000 won of the down payment, and used the said money as living expenses, etc.
【Defendant B: Evidence No. 1 to No. 4, Evidence No. 6-1, No. 2, Evidence No. 7 through No. 13, Evidence No. 18, Evidence No. 20 through 28, and the purport of the whole pleadings
2. Defendant B