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1. Defendant B and C jointly share KRW 90,000,000 with respect to the Plaintiff and the interest rate from March 9, 2018 to the date of full payment.
Reasons
1. Facts of recognition;
A. Defendant B is a person who operates a licensed real estate agent office located in E in terms of harmony, and Defendant C is a person who assists in brokerage in the above brokerage office as the wife of Defendant B, and Defendant D is a father between Defendant B and Defendant C.
B. On July 2016, Defendant B and C provided that the Plaintiff would arrange for four purchase of F apartment units (hereinafter “instant sales right”) at the said brokerage office (hereinafter “instant sales right”). Upon the said Defendants’ request, Defendant B and C transferred KRW 175 million to the account in the name of Defendant D.
C. After that, although Defendant B and C requested that the Plaintiff deliver the documents related to the sales of the instant sales right, they did not arrange a sales contract or provide the Plaintiff with the materials related to the sales of the sales right, even though they asserted that they paid KRW 35 million to the owner of each sales right.
On the other hand, when the plaintiff demanded the return of the money provided as purchase fund, the defendant B and C ordered the plaintiff to return the total of KRW 85 million as follows:
The method of paying temporary amount of payment 1 to October 2016, 2016, KRW 25 million cashier's checks (Defendant B) deposited on October 27, 2016, KRW 16 million (Defendant B) 3, Nov. 24, 2016, KRW 40 million cashier's checks of KRW 15 million on December 20, 2016 (Defendant D) KRW 5 million on December 30, 2016, KRW 60,000 deposited on April 18, 2017 (Defendant D), KRW 70,000 won deposited on May 20, 2017 (Defendant D), KRW 200,000 deposited on May 20, 2017 (Defendant D), KRW 15,500,000 deposited on May 27, 2017 (Defendant D), respectively, KRW 200,000 deposited on May 27, 2017
2. Claim against Defendant B and C
A. According to the above facts of recognition, even if Defendant B and Defendant C received the price from the Plaintiff, it appears that they had no intent or ability to arrange the sale and purchase of this case by securing the sales right of this case. However, the purchase price of the sales right by deceiving the Plaintiff.