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1. The judgment of the court of first instance is modified as follows.
The defendant shall pay to each of the plaintiffs KRW 5,000,000 and each of the above amounts.
Reasons
1. Basic facts
A. Plaintiff A, without qualification as a licensed real estate agent (the Plaintiff A did not report to the registration authority as a brokerage assistant) is a person operating “F Licensed Real Estate Agent Office” located in Suwon-gu, Daegu-gu, Daegu-gu, and the Defendant is a person qualified as a licensed real estate agent and served as the director of the above certified brokerage office from June 7, 2016 to September 27, 2016.
B. On June 20, 2016, the Plaintiff received KRW 5,000,000 brokerage commission from the seller H around June 20, 2016, from the seller of the commercial building (the seller H, the buyer I, and the hereinafter “the instant commercial building”). On September 2, 2016, the Defendant received KRW 5,00,000 brokerage commission from the seller and KRW 7,80,000 from the buyer I, respectively.
C. On July 1, 2016, the Plaintiffs concluded a contract with the Defendant to purchase the Daegu Suwon-gu J. 185.1 Size and the three-story detached housing (hereinafter “instant real estate”) on the said land owned by the Defendant (hereinafter “instant sales contract”) and paid KRW 10,000,000, in total, as down payment, to the Defendant on July 1, 2016.
[Ground of recognition] Facts without dispute, Gap 1, 3, 17 evidence, Eul 3 evidence (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. The plaintiffs' assertion and judgment on the plaintiffs' claim for the repayment of down payment
A. The gist of the parties’ assertion 1) The Plaintiffs, while entering into the instant sales contract with the Defendant, set the sales amount of KRW 400,000,000, and the down payment of KRW 10,000 shall be paid at the time of the contract, and KRW 228,00,000 shall be succeeded to the Plaintiffs, and KRW 112,00,000 shall be succeeded to the remainder of KRW 112,00,000 (i.e., KRW 400,000 - KRW 10,000,000 - KRW 50,000,000 - KRW 228,00,000,000 shall be paid to the Defendant on September 30, 2016, and thereafter, paid the down payment to the Defendant pursuant to the instant sales contract.
However, at the latest, the lease deposit to be succeeded by the plaintiffs is KRW 228,00,000.