1. The defendant is paid KRW 628,50,000 from the plaintiff and at the same time on the apartment as stated in the attached list to the plaintiff.

Basic Facts

On November 1, 2017, the Plaintiff entered into a sales contract with the Defendant as a broker by a private individual C to purchase an apartment in the separate sheet (hereinafter referred to as “instant apartment”) with the Defendant. On December 11, 2017, the Plaintiff entered into a sales contract by modifying the terms and conditions of partial contracts, such as the timing of payment of the purchase price (the contract amounting to KRW 76.5 million, the intermediate payment of KRW 6.5 million, the contract amounting to KRW 60 million, the intermediate payment of KRW 60 million, and the remainder payment of KRW 628.5 million, respectively, on December 13, 2017).

(hereinafter “instant sales contract”). According to the instant sales contract, the Plaintiff paid the Defendant the down payment of KRW 76.5 million on November 2, 2017, and the intermediate payment of KRW 60 million on December 13, 2017, respectively.

On January 16, 2018, the Defendant sent to the Plaintiff a content-certified mail stating that “D had the Defendant conclude the instant sales contract by concealing the fact that the actual market price of the instant apartment was 1.4 billion won, and making it false as if the actual market price was 765 billion won,” and that “The instant sales contract was revoked on the ground of the Plaintiff’s fraud,” and that the content-certified mail reached the Plaintiff on January 17, 2018.

[Based on the fact that there is no dispute, Gap's evidence Nos. 1 through 5 (including each number), and the purport of the whole pleading is determined, and according to the fact that the obligation to transfer ownership of the apartment of this case and the occurrence of the obligation to deliver the apartment of this case is recognized, the defendant is obligated to receive from the plaintiff the payment of KRW 628.5 million which is the remainder of the contract of this case, at the same time to the plaintiff, to conduct the registration procedure for transfer of ownership based on the sales contract of this case

In regard to this, the defendant, among real estate, ordered D to enter into the sales contract of this case by deceiving D, an individual, selling the apartment of this case at the market price, but in fact the market price of the apartment of this case at the time of entering into the sales contract of this case was 1.4 billion won.