1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's claim against the defendant is dismissed.

3...

1. Facts of recognition;

A. The Plaintiff entered into a contract with C for the sale of lots with the content that C will pay 23,701,50 won equivalent to 5% of the sales price in the case of selling lots in lots in the E-owned commercial building (hereinafter “instant sales contract”) among E-owned commercial buildings (hereinafter “instant sales contract”) at the time of the Plaintiff’s new construction with C (hereinafter “instant sales agency contract”).

B. C shall have jurisdiction over finding the Defendant the intent to purchase the commercial building of this case for the implementation of the sales agency contract of this case.

C. Although part of the license area of the shopping mall of this case was included in the exclusive area, the Defendant erroneously explained to G, who is the intent to purchase the shopping mall of this case, that the entire license area of the shopping mall of this case is not included in the exclusive area.

On September 26, 2014, the Plaintiff (H’s representative director at the time) entered into a sales contract (hereinafter “sale contract in this case”) with the content that the sales price shall be KRW 474,000 for the said purchaser G and the commercial buildings in this case, on condition that 10% at the time of the contract, 10% at the time of November 26, 2014 (the first intermediate payment), 10% on January 26, 2015 (the second intermediate payment), and 70% at the time of completion of May 2015 (hereinafter “sale contract in this case”).

E. After receiving KRW 23,701,50 from G to the first intermediate payment of the instant sales contract, the Plaintiff paid KRW 23,701,50 of the instant sales contract to C.

F. Around September 2015, G demanded that the Plaintiff cancel the instant sales contract on the same grounds as the stated in the said sub-paragraph.

Accordingly, around September 14, 2015, the Plaintiff returned all KRW 142,209,000 to G, which was paid as down payment and the second intermediate payment.

G. C and the Defendant agreed to have KRW 2,370,150 equivalent to 10% of the commission of the instant sales agency contract 23,701,50 won, and KRW 21,331,350 equivalent to C and 90%, respectively. Since the instant sales contract was cancelled on the same ground as indicated in the above sub-paragraph (c) and (f), C were to have the Defendant respectively.