1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

1. In the first instance court, the Plaintiff filed a claim against the Defendant for the KRW 16.2 million and its delay damages, and filed a claim for the acceptance of the registration procedure for cancellation of ownership transfer registration with respect to shares in ownership among each real estate listed in the separate sheet, and the first instance court dismissed all of the Plaintiff’s claims.

As to this, the Plaintiff appealed only against the claim of KRW 16.2 million and the claim of KRW 3.92 million, which is a part of the claim for damages for delay, and the claim for damages for delay. Thus, the subject of this Court’s adjudication is limited to the appeal of the Plaintiff.

2. Basic facts

A. On November 2017, the Plaintiff, while working as a counselor for the Defendant Company that is engaged in real estate sale and purchase, sales, sales agency, etc., provided E with a consultation on some shares of Sejong Special Self-Governing City C 178,487 square meters of forests and fields owned by the D Co., Ltd. (hereinafter “instant forest”).

B. On November 2017, E purchased part of the instant forest land as a result of the Plaintiff’s recommendation. Around that time, E paid KRW 33 million to Defendant Company with the purchase price. The Plaintiff received KRW 3,920,000 from Defendant Company as sales allowances.

C. On November 10, 2017, E completed the registration of establishment of a collateral security on the ground of the instant forest contract concluded on November 6, 2017, instead of the registration of transfer of ownership.

By May 30, 2018, E demanded the Plaintiff and the Defendant Company to return the sales price of KRW 33 million, as the ownership transfer of the forest of this case was not made with respect to the part purchased.

E. The Plaintiff, upon the Defendant Company’s request for the return of the Defendant Company’s allowances, remitted the Defendant Company KRW 3.12 million in total, KRW 3.2 million in July 7, 2018, and KRW 8.2 million in July 8, 2018, and the Defendant Company returned KRW 3.3 million in total to E around that time.

F. The registration of the establishment of the establishment of a neighboring E on the instant real estate in the name of E is July 2018.