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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
Claim:
Reasons
1. Basic facts
A. On February 27, 2017, C, the Defendant’s spouse of the Defendant, on behalf of D, sold D the price of KRW 1.3 billion for the E-ground and the detached house of KRW 180.16 square meters (hereinafter “instant real estate”) on the land of Seodaemun-gu Seoul, Seodaemun-gu, Seoul. The KRW 100 million for the intermediate payment of KRW 100 million on the date of the contract, and the intermediate payment of KRW 100 million on May 17, 2017, and the remainder of KRW 1.1 billion on July 28, 2017 (hereinafter “the sales contract of February 27, 2017”). The items of the licensed real estate agent of the said sales contract are signed and sealed by F Licensed Real Estate Agent’s Office (hereinafter “F Real Estate”) and G H Licensed Real Estate Agent’s Office (hereinafter “H Real Estate”).
B. As between May 27, 2017, the Defendant: (a) sold the instant real estate to D in the price of KRW 1.3 billion; (b) the intermediate payment of KRW 100 million on the date of the contract; (c) the intermediate payment of KRW 100 million on June 17, 2017; and (d) the remainder of KRW 1.1 billion on July 28, 2017 (hereinafter referred to as “sales contract on May 27, 2017”); and (c) the said sales contract refers to the original contractual on February 27, 2017.
(Contractor C) It is written as '.', and the items of licensed real estate agents at the bottom are signed and sealed by the plaintiff of the H Licensed Real Estate Agent Office.
C. The confirmation and explanatory note of the object of brokerage attached to the sales contract dated May 27, 2017 is indicated as KRW 11,700,000 that the Plaintiff received from the Defendant (i.e., KRW 130,000 x 0.9% of the purchase price x 0.9%) and the following is signed and sealed by the Plaintiff, the Defendant, and D.
The Defendant received down payment of KRW 100 million from D, February 28, 2017, the intermediate payment of KRW 100 million on May 17, 2017, and KRW 167,362,786 on July 28, 2017, respectively.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, 5, 6 evidence, Eul evidence 1 to 4, the purport of the whole pleadings
2. The parties' assertion
A. The gist of the Plaintiff’s assertion is between the Defendant and D.