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1. The Plaintiff:
A. Defendant B’s KRW 55,405,570 as well as 5% per annum from November 23, 2016 to October 26, 2017.
Reasons
Facts of recognition
Defendant B is a person engaged in his own business, Defendant C is a licensed real estate agent who operates the “E Licensed Real Estate Agent Office”, and Defendant D is registered with the Busan Southern-gu Office as a broker assistant belonging to the above Licensed Real Estate Agent Office.
1) Defendant B around July 13, 2015 (hereinafter “instant apartment”) around 107-dong 202, Nam-gu, Busan (hereinafter “instant apartment”).
(2) On September 3, 2015, Defendant B and D showed the following facts: (a) concluded a sales contract with the owner of G to purchase KRW 430 million; and (b) paid KRW 43 million in total as down payment, such as paying KRW 50 million a cashier’s check amount of KRW 38 million to G; and (c) Defendant B and D paid KRW 43 million in total as down payment. (d) On September 3, 2015, at the “E Licensed Real Estate Agent Office” located in the above apartment complex No. 115-dong 115-dong 11, an apartment house; and (e) Defendant B and the Plaintiff had the ownership transfer registration for the apartment of this case as G; (c) Defendant B were the actual owner of the apartment of this case, and the ownership transfer registration was not completed. The apartment of this case is the owner of the apartment of this case, and Defendant B and Defendant B were the agent of this case, stating that the apartment of this case is an agent of the ownership transfer registration.”
3. Accordingly, Defendant B and D are not the actual owner of the apartment of this case, but the payment of the down payment of KRW 43 million after the conclusion of the sales contract is unclear. However, even though it is unclear whether the remainder is paid, Defendant B and D did not notify the Plaintiff of this fact properly, and received KRW 5 million from the Plaintiff who was deceptiond as the provisional contract deposit on the same day. On September 9, 2015, Defendant B and D received KRW 360 million from the Plaintiff.