1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the whole purport of the pleadings in Gap evidence Nos. 1 to 8, Eul evidence Nos. 1 and 2:

(1) On April 7, 2003, the Plaintiff entered into a sales contract with C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) to be sold in advance from C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) on the Defendant’s brokerage, and paid KRW 88 million to the Defendant as sales cost.

(2) On the same day, the Plaintiff’s type D also entered into a pre-sale agreement with the non-party company on the 117th floor of C commercial building as the Defendant’s intermediary, and paid KRW 88 million to the Defendant as the sales cost.

B. On July 16, 2004, the Plaintiff and D agreed upon each of the above sales contracts with the non-party company, and entered into a sales contract with the non-party company for the pre-sale of 1/2 share of 32 million won for the pre-sale of 5th floor C commercial building by the defendant's brokerage, and additionally paid 32 million won to the defendant as the sales cost.

(2) The Plaintiff and Nonparty Company agreed to pay the sales contract of this case and the sales contract of this case (hereinafter “instant sales contract”).

On January 4, 2010, the non-party company was notified by the Korea Railroad Corporation of the cancellation of the C Construction Agreement, and thereafter, it was no longer possible to proceed with the construction of C commercial buildings, etc., and was declared bankrupt by the Seoul Central District Court on October 26, 201.

On the other hand, on February 10, 2010, the Defendant agreed to return 1.94 billion won, which is part of the sales cost that the Defendant received between the Plaintiff and 17 buyers, including D, until December 31, 2010 (hereinafter “instant refund agreement”). Under the above refund agreement, the Defendant returned 60 million won, which is half of the sales cost that the Defendant received to the Plaintiff and D, (the agreed amount is 62.8 million won under the above return agreement, including the provisional registration cost 2.8 million won).

2. The defendant.