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1. The Defendants, each of whom they paid KRW 7,500,000 to Plaintiff A, and KRW 19,80,000 to Plaintiff B, as well as each of the above amounts, Defendant C.
Reasons
1. Facts of recognition;
A. On May 5, 2013, while the Plaintiffs visited the licensed real estate agent office operated by Defendant C in order to purchase an apartment building or make an investment through Defendant C, which is a licensed real estate agent, the Plaintiffs were introduced by Defendant C as the operator of the Sejong Golf Club Co., Ltd. (hereinafter referred to as “non-party company”).
B. The Plaintiffs did not intend to actually purchase the instant commercial building, and, as Defendant C was well aware of the sale of the instant commercial building, sought explanation that only down payment would be made, and then, after concluding a sales contract, they would be able to obtain profits from resale by selling the instant commercial building. The Plaintiffs decided to purchase the instant commercial building after having concluded the sales contract.
C. On May 5, 2013, according to Defendant C’s guidance, Plaintiff C remitted KRW 1 million to Defendant C as a provisional contract deposit, and Defendant C wired the above KRW 1 million to Nonparty C’s account. On the same day, Plaintiff B wired KRW 1 million to Nonparty C’s account known to Defendant C in her husband’s name.
On May 6, 2013, the Plaintiffs and Defendant C visited the sales office of the non-party company, and the Plaintiffs sought explanation on the terms and conditions of the sale from E, who is the person in charge of the sales team for the non-party company’s sales, and the Plaintiff A concluded a sales contract to purchase the No. 101 of the instant commercial buildings with KRW 250,000,000,000,000 for each purchase price of KRW 350,000,000 and KRW 310,000,000,000 among the instant commercial buildings (hereinafter “the instant sales contract”).
E. On May 6, 2013, Plaintiff A transferred KRW 25 million as down payment (the non-party Company appears to have returned Plaintiff A’s provisional contract deposit that was remitted through Defendant C), and Plaintiff B transferred KRW 1 million as the provisional contract deposit out of KRW 65 million on the same day. Plaintiff B restricted KRW 64 million.