1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. On June 14, 2018, the Plaintiff entered into a sales contract with Defendant B, a licensed real estate agent, to purchase KRW 351,500,000 in Suwon-gu E-gu, Suwon-si and its ground buildings (hereinafter “instant contract”) and entered into a sales contract for the purchase price of KRW 351,50,000 (hereinafter “instant contract”). On the same day, the Plaintiff paid KRW 30,000,000 as down payment to D.

B. In concluding the instant contract, the Plaintiff agreed to pay the intermediate payment of KRW 50,000,000 until June 27, 2018, and the remaining intermediate payment of KRW 50,000,000, which corresponds to the difference between the actual purchase price and the sales price under the agreement on the purchase price, by June 27, 2018, in the form of repayment of the borrowed amount.

C. The Plaintiff did not pay the remaining intermediate payment of KRW 50,000 by the due date, and received notification from D that the instant contract would be cancelled and the down payment would be confiscated.

On the other hand, on July 3, 2018, Defendant B reported the real estate transaction on the instant contract amounting to KRW 351,500,000, the actual purchase price to the head of the Tongan District.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 3 and the purport of the whole pleadings

2. Determination as to the cause of action

A. Defendant B actively recommended the Plaintiff to prepare a multiple contract in violation of the Licensed Real Estate Agents Act, and rejected the Plaintiff’s request to correct the contract with the actual purchase price after the multiple contract was prepared.

The Plaintiff intended to pay the remainder part payments in the form of repayment of the borrowed money after the correction of the contract, but received notification from D that the down payment will be confiscated.

Thus, the plaintiff suffered loss from forfeiture of the down payment of KRW 30,000,000 due to the illegal acts such as violation of the Licensed Real Estate Agent Act by the defendant B, and the defendant B is obligated to pay the plaintiff KRW 30,000,000 as compensation for damages.