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1. Defendant C’s KRW 120,000,000 as well as 5% per annum from March 27, 2020 to August 26, 2020.
Reasons
1. Basic facts
A. On April 2019, Defendant C requested the Plaintiff to sell the real estate listed in the separate sheet (hereinafter “instant real estate”) owned by the Plaintiff in the amount of KRW 180 million. The Plaintiff sold the instant real estate in the price of KRW 200 million between the Plaintiff and the Plaintiff, which the Plaintiff would bring about KRW 180 million, and the remainder of KRW 20 million would be paid by Defendant C to Defendant C. However, in light of the circumstances, Defendant C would be paid the commission, and a multiple contract, which is set forth as KRW 60 million, was prepared.
B. Accordingly, Defendant C introduced the instant real estate to Defendant B in the price of KRW 200 million, and Defendant B entered into a sales contract with the Plaintiff to purchase the instant real estate in the price of KRW 200 million (hereinafter “instant sales contract”).
C. Defendant B paid Defendant C the instant purchase price, and KRW 100 million of the down payment on May 13, 2019, and paid KRW 30 million on May 28, 2019 as part payment, and KRW 50 million on June 14, 2019. Defendant C paid the Plaintiff KRW 10 million out of the said amount as down payment.
On June 19, 2019, Defendant B paid to the Plaintiff KRW 50 million out of the instant purchase price as a check. Defendant C made a false statement that if the ownership transfer registration for the instant real estate was transferred to the Plaintiff, Defendant B would pay the remainder of the remainder. On the same day, the Plaintiff entered into a sales contract with the purport that the Plaintiff would sell the instant real estate at KRW 70 million to the Defendant on the same day, and Defendant B completed the ownership transfer registration (hereinafter “instant ownership transfer registration”) on June 24, 2019 as of the instant real estate pursuant to Article 13029 of the Cheongju District Court’s receipt on the same day.
E. Defendant C did not pay to the Plaintiff KRW 120 million ( KRW 180 million - KRW 10 million - KRW 50 million) out of the amount received from Defendant B, and individually consumed the amount to the Plaintiff.
【Unsatisfy-founded facts, Gap 1-.