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1. The Plaintiff:
A. Defendant B Co., Ltd. shall pay KRW 50 million and interest thereon from August 17, 2016 to the day of complete payment.
Reasons
1. Facts of recognition;
A. The validity requirement for the sale of officetels 1) Defendant B Co., Ltd. (hereinafter “Defendant Company”).
(B) The Gtel of the 13th ground and the 1st underground floor size (hereinafter “instant officetel”) on land, such as Seo-gu, Gwangju, Seo-gu, Gwangju, using the real estate trust system.
(2) On March 23, 2012, the Defendant Company entered into a trust agreement with H Co., Ltd. (hereinafter “H”) on the construction and sale of the instant officetel, and concluded a trust agreement with respect to the instant officetel site and completed the registration of the relevant trust (registration of ownership transfer based on the trust).
3) According to the above business agreement and the trust agreement, an agreement was made with H to complete the registration of trust regarding a newly constructed officetel. In order for the Defendant Company to sell the instant officetel and complete the registration of ownership transfer to the buyer or buyer, the trustee’s approval should be obtained, and the sales contract without H’s approval is invalid. (B) The Defendant Company sold the 4th floor I of the instant officetel No. 4 (hereinafter “office No. 1”) which was newly constructed as of June 18, 2012 to the J residing in the United States.
Defendant H approved the above sales contract.
2) Defendant K: (a) the sales price of officetel I was originally KRW 66,726,00,000, which was deposited by the subcontractor’s office, which was deposited by the subcontractor, and was deposited by the subcontractor’s office; (b) Defendant C and Defendant D, a real estate agent having the right to purchase and who actually serves as a broker assistant, and (c) around November 22, 2013, Defendant C paid a brokerage commission of KRW 1 million and KRW 44,00,000,000 to the account of Defendant C, and sold an officetel I from the Defendant Company. However, the Defendant Company did not notify this fact to H; (c) on April 21, 2015, K sold officetel I as a broker of Defendant C and D and received KRW 48 million as the payment through Defendant C.