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1. Of the judgment of the court of first instance, the part against the plaintiff as to the defendant B, which corresponds to the amount ordered to pay.
Reasons
1. Basic facts
A. The pertinent Plaintiff, while engaging in real estate transactions, became aware of Defendant B, who was employed as a broker assistant at the real estate brokerage office. The Plaintiff purchased the real estate introduced by M through the introduction of Defendant B, and would obtain profits from resale through the intermediate omission registration. However, the Plaintiff invested the initial funds, and Defendant B and M will be entrusted with the purchase and resale affairs.
B. (1) Defendant B and M are the land within three parcels of land owned by the Plaintiff on January 2008, 2008 (hereinafter “Iri-land”). The land within three parcels of land (hereinafter “Iri-land”).
(2) On January 28, 2008, the Plaintiff: (a) sold the said land to the account in the name of Defendant B for the purpose of the contract deposit; (b) on January 28, 2008, M wired the purchase price of KRW 50 million to KRW 106,930,00 in total (i.e., KRW 30,000 in the remainder of KRW 76,930,00 in the remainder of KRW 30,000 in the contract deposit).
In addition, unlike the actual sales contract, Defendant M separately prepares a sales contract (hereinafter “IG false contract”) with a total of KRW 125,800,000 (=the remainder of KRW 50,000,000) as the remainder of KRW 75,800,000,000.
3) On March 19, 2008, the remainder payment date that was extended beyond March 11, 2008, under the above sales contract, E paid the remainder by March 19, 2008, and on March 27, 2008, the purchaser under the contract, the Plaintiff’s domicile, the buyer under the contract, paid the remainder by April 4, 2008, and the Defendant B sent a certificate of the purport that the contract will be invalidated upon the expiration of the above date. (4) Around March 2008, the Plaintiff sent the intermediate payment that the Plaintiff’s infant, who was asked for the above content certification, was urgently needed, and paid KRW 50 million from the Plaintiff on April 1, 2008.
Since then, the defendant B is again.