1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

On July 5, 2005, the Plaintiff entered into a contract with the Defendant (agent B) to sell three parcels of land, such as C, D, and E (hereinafter “instant real estate”) owned by the Plaintiff in the purchase price of KRW 5.3 million (hereinafter “instant contract”).

B demanded that the Plaintiff deducts KRW 70,000 from the purchase price of the instant contract (in conclusion, demanding that the Plaintiff deducts KRW 70,000 from the purchase price of the instant contract).

B Until the end of June 2006, B paid to the Plaintiff a total of KRW 460 million in the purchase price of the instant real estate, excluding the above introduction fee.

B sold the instant real property to F for KRW 600,000 to the unregistered resale.

As a result, the Defendant purchased the instant real estate from the Plaintiff in KRW 5.3 million, and sold it in KRW 60 million to F, thereby making unfair profits of KRW 70 million, and thus, it should be returned.

Judgment

Even if the purchaser of a real estate takes the agent of a broker or a seller without completing the registration of ownership transfer and sells the real estate to a third party at a price higher than the original purchase price and has completed the registration of ownership transfer directly from the original seller, it shall not be said that the difference between the original purchase price and the sale price of the third party is acquired, unless there are special circumstances.

Generally, in the sale of real estate, it does not affect the legal meaning of who is the seller of the real estate or who is the seller of the real estate, and the sale price should be determined in accordance with each party's own decision.

(Supreme Court Decision 2009Do1979 Decided April 23, 2009). Examining the instant case in light of the aforementioned legal doctrine, the Defendant.