1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

1. Basic facts

A. H Co., Ltd. (hereinafter referred to as “G” in the following) is a construction work of Jtel (hereinafter referred to as “instant officetel”) newly built and sold on the land and two parcels, Nam-gu, Gwangju (hereinafter referred to as “instant site”) by H Co., Ltd. (hereinafter referred to as “H”). It was owned by H, under the pretext of construction cost, by acquiring a right of sale from some households, including the instant officetel 604, under the pretext of construction cost.

B. “K Licensed Real Estate Agent” agreed to pay a certain fee to Defendant B, who runs the brokerage business of real estate, etc., and requested the sales brokerage of the above sales right held by G, and on June 13, 2012, the Plaintiff purchased the instant officetel 604 (sale price: KRW 99,00,000, and below, the sales right of KRW 72,00,000, and paid the sales price in G.

On June 14, 2012, the Plaintiff remitted 40,000,000 won, which is a part of the purchase price, to Defendant B’s spouse’s deposit account. On the same day, the said money was deposited into G. The remainder of the purchase price assessed as KRW 45,00,000 and assessed as KRW 45,00,00 in a restaurant operated by the Plaintiff, thereby accepting it, and instead returning the difference to the Plaintiff.

C. The instant officetel is an unregistered building without obtaining approval for use, and the registration of ownership transfer was completed on June 12, 2012 due to the commission of the registration of provisional attachment by L, a person holding the provisional attachment rights, with H as the owner on June 12, 2012. On May 15, 2013, the provisional registration of the right to claim ownership transfer was completed on the ground of a pre-sale on May 15, 2013 in the name of N, and on August 19, 2013, the registration of ownership transfer was completed on July 19, 2013 in the name of the above N and two names.

The instant site was owned by L, and was owned by H on May 15, 2013 under the name of H on May 15, 2013.