1. Revocation of a judgment of the first instance;

2. Upon receiving the claim added at the trial, the defendant shall be KRW 14,600,000 to the plaintiff.

Basic Facts

The Plaintiff and the Defendant: (a) introduced a person who is to purchase three thousand square meters and D 3,428 square meters (hereinafter referred to as “instant land”) in the city of public housing owned by the Plaintiff to purchase the said land; and (b) concluded that if the sales contract is sexually concluded, the Plaintiff would pay to the Defendant the commission amounting to KRW 10,000 per square meter (hereinafter referred to as “instant brokerage payment agreement”).

On June 14, 2012, the Defendant introduced E as the buyer, and the Plaintiff and E concluded a sales contract with the effect that the purchase price for the instant land shall be KRW 893,040,000, and the down payment of KRW 100,000 among them shall be paid on the date of conclusion of the contract (hereinafter “instant sales contract”).

On the day of the instant sales contract, the Defendant, on behalf of the Plaintiff, paid to the Plaintiff KRW 14,60,000,000, the amount calculated as KRW 10,000 per square meter per square meter per 1,466 square meter per square meter per 1,466 square meter per square meter, which was to receive 10,00,000,000 down payment under the instant sales contract from the Plaintiff, which was agreed upon by the Plaintiff as the introduction cost. The Defendant paid KRW 85,40,000,000 for the remainder after deducting KRW 1,00,000 from the Defendant. From E, E was to borrow KRW 10,00,000 from the Defendant.

E did not pay any balance on the remainder payment date stipulated in the instant sales contract, and the Plaintiff sent the notice of the cancellation of the instant sales contract to E by mail, and sold C land to a third party for public offering.

E filed a lawsuit against the Plaintiff seeking return of unjust enrichment of KRW 100,000,000, by asserting that the instant sales contract was rescinded due to the causes attributable to both parties (Seoul Eastern District Court 2014Dadan20715). In the instant case, the decision of recommending settlement was rendered and confirmed that the Plaintiff would pay KRW 75,00,000 to the buyer.

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 4, and Eul.