1. The Defendant’s KRW 120,000,000 as well as 5% per annum from May 15, 2012 to June 24, 2014 to the Plaintiff.

1. The parties' assertion

A. The Plaintiff, upon the introduction of the Plaintiff C, purchased the instant officetel Nos. 502 and 603 (hereinafter “each of the instant instant real property”) from the Defendant asserting that the Plaintiff was delegated to sell the said officetel from the owner of the building in Gyeyang-gu, Seoyang-gu (hereinafter “the instant officetel building”), and paid the Defendant a total of KRW 120 million for the sales price.

However, the Defendant concluded a sales contract with the Plaintiff on each of the instant real estate without being delegated the sales authority by E, the owner of the instant officetel building.

Therefore, the Defendant, as if he had the right to sell each of the instant real estate, had deceiving the Plaintiff and received KRW 120 million from the Plaintiff, so the Defendant shall pay the Plaintiff the total sum of KRW 120 million paid by the Defendant to the Plaintiff as compensation for tort by deception.

B. The Defendant did not sell each of the instant real estate to the Plaintiff, and the Defendant merely arranged that the contract was concluded in the process of selling each of the instant real estate to the Plaintiff by payment in lieu of the Plaintiff, from E, the owner of the instant officetel building, which completed a part of the construction of the instant officetel building.

Therefore, since the defendant did not deceiving the plaintiff, he does not bear liability for damages against the plaintiff.

2. Determination

A. According to Gap evidence No. 3-1, among the instant instant officetel buildings, the following facts: (a) on March 9, 2012, the seller prepared a “water performance contract” with the Plaintiff, the buyer, and the buyer at the price of payment in kind, which is KRW 60 million; and (b) Article 7(3) of the said contract states, “the Defendant is present as a guarantor and helps the formation of the contract.”