1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The defendant is running a damage compensation mutual aid project in accordance with Article 67 of the Certified Judicial Scriveners Act in order to guarantee the liability for damages to the delegated person of affiliated certified judicial scrivener. B is a member of the damage compensation mutual aid association operated by the defendant

C has served as the head of a certified judicial scrivener office who is operated by B as a partner of B.

B. C receives KRW 70 million from the Plaintiff on March 17, 2014 at the time prior to the registration of the real estate D located in Seocheon-gu, Seocheon-gu (hereinafter “instant real estate”), and “I will confirm that I will keep KRW 70 million as all the expenses necessary for the registration of the ownership transfer of the instant real estate, and will return if I will not know of the transfer by March 26, 2014.”

(C) The Plaintiff was drawn up in the name of oneself and B and delivered the instant real estate to the Plaintiff. However, on March 26, 2014, C did not transfer the registration of the instant real estate until March 26, 2014, and C returned KRW 10 million to the Plaintiff on June 11, 2014. [In the absence of dispute over the grounds for recognition, each part of the entry in Gap evidence 1, 2, and Eul evidence 3, and the purport of the entire pleadings, as a whole.

2. Assertion and determination

A. The summary of the Plaintiff’s assertion 1) The Plaintiff paid KRW 70 million to B’s agent for expenses incurred in the registration of ownership transfer of the instant real estate and the registration of ownership establishment in the vicinity of the Plaintiff’s name. The Plaintiff did not obtain registration of ownership transfer and did not receive refund of KRW 60 million out of the said money paid as registration expenses. Therefore, B is obligated to return KRW 60 million to the Plaintiff by proxy act of C. 2) Even if B did not grant the right of representation to the Plaintiff with genuine intent, even if B expressed his intention of granting the right of representation to the Plaintiff at the time of preparation of the instant confirmation document, the Plaintiff is liable for the expressive agent’s liability for the return of said money under Article 125 of the Civil Act.

3 and C shall not have the intention to return from the beginning.