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1. The Defendant’s KRW 53 million to the Plaintiff, as well as 5% per annum from December 1, 2017 to May 15, 2018.
Reasons
1. Facts of recognition;
A. On the Seo-gu, Seo-gu, Seo-gu, Gwangju and four lots of land (hereinafter “instant project site”), a b&D city development company (hereinafter “b&D city development”) newly built and sold a Dtel with the size of 13 floors above ground and 13 floors above.
B. The Plaintiff was introduced by the Defendant, a licensed real estate agent operating the E Licensed Real Estate Agent Office, that the instant officetels may be purchased at a price lower than the normal sale price.
After that, the Defendant entered into an officetel sales contract with the Defendant for the instant sales contract (hereinafter “instant sales contract”) and paid the sales price as follows.
① The date of concluding a contract: (a) on August 17, 2015, ② officetel 539, the supply price of KRW 81,100,000 for officetels 539; (b) on 1106, the supply price of KRW 73,50,000 for officetel 73.5 million (However, the actual purchase price of the above two rooms is set at 16,000,000 won) ③ the Plaintiff remitted the amount of KRW 6 million in advance to the Defendant on August 8, 2015; and (c) on August 17, 2015, the remainder 100,000 won was delivered as a check to the Defendant on August 17
C. However, prior to the conclusion of the instant sales contract, L&D urban development concluded an entrustment contract with the International Asset Trust Co., Ltd. (hereinafter “trustee Company”) and completed the registration of ownership transfer on March 23, 2012 for the instant project site to the trustee company on the ground of trust.
Even in the case of the instant officetel 1106, the registration of ownership transfer was completed on November 5, 2013 in the name of the n&D city development upon commission of the registration of provisional seizure, and on May 28, 2015, the registration of ownership transfer was completed on April 14, 2015 in the name of the trustee company.
In order for the Plaintiff to complete the registration of transfer of ownership by acquiring the instant officetel from sale, the Plaintiff entered into a sales contract with the trustee company and paid the sales price to the trustee company account, which is legitimate from the trustee company.