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1. The Defendants jointly share KRW 68,000,000 and 5% per annum from April 27, 2019 to July 9, 2020.
Reasons
1. Facts of recognition;
A. Defendant B is a licensed real estate agent, and Defendant C is a person who runs a brokerage business without registering the establishment of a brokerage office.
B. On May 25, 2016, the Plaintiff concluded a sales contract (hereinafter “instant sales contract”) with Nonparty D as the broker of the Defendants, with respect to the purchase price of KRW 87,600,000 (the contract amount of KRW 10,000,000, the intermediate payment of KRW 10,000,000, the remainder of KRW 67,600,000, and the remainder of KRW 67,600,00), and at the time, Defendant B concluded the instant sales contract with the Plaintiff as the agent of Nonparty D.
C. The instant real estate is jointly owned by D and Nonparty F. Around April 16, 2016, D had already sold the entire instant real estate to G on behalf of the owner. From May 1, 2016 to May 1, 2016, the instant real estate was under work to restore it to its original state through the removal of soil and sand from the instant real estate.
Nevertheless, in mediating the instant sales contract, the Defendants made a false statement to the effect that “The Plaintiff, the buyer of the instant real estate purchased from D, sells part of the instant real estate to the Plaintiff by means of resale not pre-division of land partition,” and “the fact that the instant real estate is being restored to its original state due to the order to restore the land to its original state,” and that “the sale was additionally delegated from D,” or “the use of the name of D at the time of unregistered resale of the G,” was not permitted. However, the Defendants made a false statement to the effect that “The Plaintiff, the buyer of the instant real estate purchased from D, was entrusted with the sale of real estate by D.”
E. On May 25, 2016, the Plaintiff issued to the Defendants a KRW 10 million under the name of the contract deposit, and three million under the name of the intermediary commission. On the 31st of the same month, the Plaintiff wired KRW 10 million to the Defendant Nonghyup Bank account under the name of the intermediate payment to G and the intermediary commission for G’s Defendants.