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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the amount ordered to be paid below shall be revoked.
Reasons
1. Facts of recognition;
A. The Plaintiff is a corporation with the objective of real estate development and sale consulting business. The Defendant is a corporation with the objective of real estate sale and lease business, and Q Q Co., Ltd. (hereinafter “ Q”) is a corporation with the objective of real estate sale and lease business.
(2) On November 18, 2016, the Defendant entered into a sales contract with C Co., Ltd. (hereinafter “C”) to purchase all underground E, F, 3, 4, and 5 floors (hereinafter “instant real estate”) of the D Building in Busan Shipping Daegu (hereinafter “C”), and accordingly, completed the registration of ownership transfer for the instant real estate on February 27, 2017.
3) Q, the representative director of which Q, from November 201 to January 201, 2017, invested KRW 700 million in the Defendant as the purchase price of the instant real estate, and G served as the Defendant’s representative director from February 16, 2017 to April 19, 2017 in order to secure the collection of the said funds. (B) G requested the Plaintiff to sell the instant real estate (hereinafter “instant service”) around the end of 2016.
2) Meanwhile, on February 6, 2017, the Defendant rendered the entire five floors among the instant real estate to G (hereinafter “instant real estate”).
(3) On the same day, the seller delegated the authority of the seller as the seller, such as the right to enter into the sales contract, the right to consult and modify the terms of the sales contract, and the right to receive the payment receipt of the contract, and the seller’s G delegated authority by the Defendant as the seller, the Plaintiff, and the buyer as the broker, entered into the sales contract with the Defendant and the non-party 2 as KRW 6 billion (including value-added tax) on the instant real estate. At that time, the Defendant received KRW 2 billion from the above buyer as the down payment and the intermediate payment.
C. The contractual relationship with respect to the instant request for the instant service agreement was terminated upon the Defendant’s request on March 2017, and the Defendant was the Plaintiff on April 24, 2017.