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1. The part of the judgment of the court of first instance against the plaintiff ordering payment is revoked.
2. The defendant shall make the plaintiff 53,000.
Reasons
1. Facts of recognition;
A. The Plaintiff and the Defendant’s related Plaintiff were a person who had worked as a broker in Creal estate brokerage office, and around 2010, requested the Defendant’s agent D (the Defendant’s attachment) to sell Pyeongtaek-si E-si and forest land owned by the Defendant (hereinafter “instant land”).
The land of this case is the franchise.
B. On August 31, 2010, the Plaintiff concluded the first sales contract and the first sales contract for the instant land owned by the Republic of Korea (150 square meters before Pyeongtaek-si P) with respect to the instant land (hereinafter “the first sales contract”) between the Defendant and F (hereinafter “the Plaintiff”).
A) The sales contract was concluded as a broker, and the main contents of the sales contract at the time are as follows. The buyer purchased the instant land from the Defendant, and the seller sells the said land to F. The seller sells the said land to F. The condition is that the buyer approves the use of the road after the land owned by the Ministry of National Defense (the land of Pyeongtaek-si Q Miscellaneous land is 612 square meters, R Miscellaneous land, 1181 square meters, 587 square meters, 142 square meters, S Miscellaneous land, 2422 square meters, and 100,000 won for the purchase price of KRW 100,000,000 for the buyer is paid to the seller on the day of the contract, and the remainder, 70,000,000 won is paid to the seller after the land owned by the Ministry of National Defense. The F paid the down payment of KRW 30 million on the part of the Defendant.
3) On the other hand, on August 31, 2010, the same seal affixed thereto, the Plaintiff: (a) purchased KRW 67,500,000 on the condition that the Defendant transferred the name of Pyeongtaek-si P, owned by the Republic of Korea, to the purchaser F; (b) transferred the name of the purchaser; and (c) transferred the purchase price to F (hereinafter “T”).
c. The conclusion of the second sale contract on the instant land, the first sale contract on the instant land, and the agreement cancellation 1) while delaying the discharge of 4 lots of state-owned land, including P State-owned land, by the Plaintiff, F is first of all, KRW 13,00,000, which is part of the remainder from the Defendant.