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1. The Defendant’s KRW 20,000,000 as well as the Plaintiff’s annual rate from July 11, 2013 to October 17, 2014.
Reasons
1. Facts of recognition;
A. On October 24, 2012, the Plaintiff entered into an exchange contract with Pyeongtaek Industrial Development Co., Ltd. (hereinafter “Non-Party Company”) with the following contents (hereinafter “instant exchange contract”). The exchange contract (Evidence A 1-1), in addition to the Plaintiff and Non-Party Company’s signature and seal, the Defendant’s signature and seal is affixed to the real estate agent column, and the sales agent’s signature and seal is affixed to the representative director D.
- Exchange subject matter: The Plaintiff’s “all of the lots of land and the above ground gas station buildings outside the Chungcheong-gun E and the above ground gas station buildings,” and “Secheon-gu, Seocheon-gu, and two lots of G Building 207, located outside the territory of the Non-Party Company (hereinafter “the instant real estate”): The exchange difference: The Plaintiff and the non-party company shall assess the exchange difference between the exchange subject matter as KRW 100 million and pay the exchange difference to the non-party company.
-Deposit: The Plaintiff’s payment of KRW 10 million out of the exchange difference of KRW 100 million to the non-party company on the day of the instant exchange contract - the intermediate payment: on October 25, 2012, the remainder payment of KRW 90 million to the non-party company - The Plaintiff and the non-party company shall mutually exchange all documents necessary for the transfer of ownership on November 24, 2012.
B. At the time of entering into the instant exchange contract, the Defendant: (a) prepared a description verifying the instant real estate subject to exchange to the Plaintiff as the broker; and (b) issued a certificate of KRW 100 million to the Plaintiff; (c) however, the legal relationship column of the description verifying the instant real estate subject to exchange stated that there are no rights other than ownership.
C. However, at the time of the conclusion of the instant exchange contract, the registration of the establishment of a mortgage (a total of KRW 2.5 billion) and a provisional disposition was completed on the entire G building including the instant real estate at the time of entering into the instant exchange contract.
The plaintiff is not aware of the above facts.