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1. The Defendants: (a) KRW 50,000,000 for each Plaintiff; and (b) 5% per annum from February 26, 2013 to June 16, 2014; and (c).
Reasons
1. Basic facts
A. The Plaintiff is a company established for the purpose of manufacturing semiconductor equipment, etc., and Defendant B is a licensed real estate agent who completed the registration of establishment of a mutual brokerage office with the trade name of “D Licensed Real Estate Agent Office”, and Defendant C is a broker assistant of Defendant B, who actually acts as a broker between E and the Plaintiff, as seen below.
B. On June 23, 1983, E completed the registration of ownership transfer with respect to F Graveyard 7687 square meters, and thereafter, the said real estate was divided into the F cemetery 735 square meters on March 4, 2002 and the G cemetery 332 square meters on March 4, 2002.
C. (1) Under Defendant C’s brokerage, the Plaintiff purchased 1654 square meters of the F Cemetery 7355 square meters from E (hereinafter “instant real estate”) from E, and prepared a sales contract with the amount increased in the actual purchase price as the purchase price. On March 26, 2013, the Plaintiff drafted a sales contract with E with the purchase price of KRW 65 million.
D. However, Defendant C, while acting as a broker for the instant real property, sold the instant real property to the Plaintiff in KRW 49 billion, the actual selling price was KRW 49 billion (=the balance of KRW 200 million and KRW 290 million). However, Defendant C decided to sell the said real property to the Plaintiff in KRW 54 million and the actual purchase price was KRW 54 million (=the remainder of KRW 250 million).
Article 28(1) of the Civil Act provides that “The Plaintiff shall pay KRW 25 million to the account held in the name of E on March 26, 2013” and “The Plaintiff shall pay KRW 50 million out of the above money from E on March 26, 2013” and “The Plaintiff shall pay KRW 50 million to the Plaintiff for the refund of the purchase price (excess payment).”
[Reasons for Recognition] The facts without dispute; Gap evidence 2-12, 5, 7, 12, and 11-123; the fact-finding results of this court's inquiry into the Korean Licensed Real Estate Agent Association; the witness E's testimony, and the purport of whole pleadings
2. As seen earlier, determination is made.