1. The Defendants jointly share KRW 76,741,051 with respect to the Plaintiff and Defendant B with respect thereto, from May 20, 2015 to July 12, 2016.

1. Basic facts

A. Defendant B is a licensed real estate agent who runs the “C Licensed Real Estate Agent Office” (former trade name was “D Licensed Real Estate Agent Office” and changed to the above trade name on April 15, 2015) in Changwon-si Busan Metropolitan City.

B. Around April 2015, the Plaintiff: (a) requested Defendant B to mediate a sales contract for F.502 of the loan owned by the Plaintiff in Changwon-si, Changwon-si E (hereinafter “instant loan”); and (b) delegated the authority to conclude the sales contract and to receive the purchase price.

C. Accordingly, on April 10, 2015, Defendant B signed the instant sales contract with G on behalf of the Plaintiff and acting as a broker for the Plaintiff (hereinafter “instant sales contract”). At the time, the sales amount shall be KRW 200 million, which is determined as the sales amount, and the intermediate payment of KRW 20 million is agreed to receive KRW 180 million on the date of the contract, and the remainder of KRW 180 million on May 20, 2015. On the same day, Defendant B signed and sealed the sales contract as “B representative of the C Licensed Real Estate Agent Office.”

On May 20, 2015, Defendant B received KRW 180 million from G, and repaid KRW 103,258,949 of the secured debt of the right to collateral security, which was established on the instant loan, as part of which part of the amount, and completed the registration of ownership transfer under G’s name on the same day. The remainder of the purchase price of KRW 76,741,051 (= KRW 180 million - KRW 103,258,949) was kept on behalf of the Plaintiff.

E. However, Defendant B did not deliver KRW 76,741,051, which was kept in custody to the Plaintiff, and all of the money for gambling in the Gangseo Islands casino from around that time until May 25, 2015. Accordingly, Defendant B was indicted for the crime of embezzlement in the course of occupational duties and appealed on April 29, 2016, and was sentenced to a judgment of conviction of one year and eight months of imprisonment on August 11, 2016, but became final and conclusive around that time.

Changwon District Court Tongwon Branch 2015 Ma1213, .