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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. On October 26, 2006, C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) whose representative director was the Plaintiff entered into a sales contract with D and two other parties for the purchase price of KRW 936,00,000 for forest land E in the land transaction permission zone under the National Land Planning and Utilization Act (hereinafter “instant sales contract”). On the same day, D and two other parties were paid KRW 187,20,000 as the down payment. Since it was proved that it was objectively impossible to obtain the said land transaction permission, the Plaintiff returned KRW 152,200,000 as the purchase price to D and the Plaintiff returned KRW 152,20,000 as the first priority on March 19, 201, and the remaining KRW 35,000,000 as the refund of KRW 30,200 until December 3, 201 (hereinafter “instant agreement”).
B. Meanwhile, the Defendant agreed to return to D the remaining part of the sales contract of this case that he/she had brokered by D by December 30, 2010 under the refund agreement of this case where D would pay to D the said KRW 30,000,000,000, not later than the above KRW 30,000,000 as commission, and the remaining KRW 20,000,000,000 as commission shall be deducted as commission, and D would return to D by the method of acting on behalf of the non-party company by December 30, 200 in accordance with the refund agreement of this case. On the same day, “20,000,000 won would be paid to the Plaintiff without any condition until June 30, 2011.”
) Preparation and delivery of documents. [The facts that there is no dispute over the basis of recognition, Gap evidence 1 to 3, Eul evidence 3-4, Eul evidence 6 and 9, and the purport of the whole pleadings.
2. The Defendant did not prepare and provide to the Plaintiff a written statement of the instant payment, and even if so, there was such fact.
Even if D and two other parties are to return the purchase price pursuant to the instant return agreement, they are not the Plaintiff.