1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

- Claim -.

The reasons for the judgment of the first instance court shall be cited (the main text of Article 420 of the Civil Procedure Act), and the following contents shall be added thereto.

The defendant asserts that the agreement of this case was to be returned to the plaintiff by five persons, including the defendant, (hereinafter referred to as "five persons, including the defendant, etc.") equal to the amount (C 19 million won, I 15 million won, G 16 million won, H 1 million won, H 1 million won, and Defendant 4 million won) divided.

However, it is insufficient to return to the Plaintiff the sum of KRW 50 million that the Defendant, etc. divided by five, including the Defendant, merely returned the sum of KRW 55 million, by itself, according to the instant agreement.

② According to the purport of the entire pleadings and the facts acknowledged as follows: (i) the Plaintiff was the buyer of the instant commercial building; (ii) separately created a sales contract in which C and G were the buyer of the instant commercial building; and (iii) used them to borrow money from a third party. The Plaintiff, a broker, was believed to be the buyer of the instant commercial building; (iv) the Defendant and H, as a broker, to be the buyer of the instant commercial building; and (v) paid KRW 5 million in total, by taking over the status of the buyer from C and paying the buyer the purchase price. The Defendant et al. divided and used the money; and (v) the Defendant et al. used the money, while the legal relationship with the Plaintiff was not settled, the Plaintiff et al. completed the registration of ownership transfer for the instant commercial building in F’s name. In particular, the Defendant neglected to confirm the object of brokerage and to explain as a licensed real

③ The Defendant actively authorized the Plaintiff to purchase the status of the buyer, and prepared a written confirmation (A2-1 and 2) that “if the seller’s cause happens, the return of the down payment of KRW 30 million will be liable to the Defendant.”

In full view of these circumstances, the defendant's assertion that five persons, including the defendant, should return to the plaintiff only as much as the amount received in installments is not acceptable.

The plaintiff's claim must be accepted.