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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
1...
Reasons
1. Basic facts
A. From November 2014, the Defendant served as a broker assistant to Sejong Doe who conducts real estate business, real estate development supply business, etc., and the Plaintiff purchased several real estate from April 2015 to April 2015 through the Defendant.
B. On April 16, 2015, the Plaintiff concluded a sales contract that purchases 20 square meters from Sejong-do Co., Ltd. for KRW 76,440,00 among the return of Pyeongtaek-si C, KRW 64,680,000 on April 28, 2015, and KRW 30 square meters from KRW 108,00,000 on May 14, 2015.
The Co., Ltd. paid KRW 24,912,00,000, in total, sales allowances equivalent to 10% of the sales amount to the Defendant who made a sexual purchase and sale contract.
C. Sejong Co., Ltd. provides that no money or valuables may be received, such as a separate brokerage commission, while selling and buying real estate owned by it to customers.
However, the Plaintiff, on May 13, 2015, remitted to the Defendant the sum of KRW 2 million, and KRW 4 million on June 26, 2015, totaling KRW 2 million to the Defendant as the cost of repair related to the sale and purchase of the said real estate.
The Plaintiff filed a complaint against the said money by fraud, etc., but the Seoul Central District Prosecutors' Office decided on April 26, 2016 that the Defendant was not guilty of fraud due to lack of evidence. D.
The defendant was requested to attract customers with regard to the sale of forest land in the Fricheon-si, Sucheon-si, Gangwon-do.
On June 2, 2015, the Defendant sent KRW 20 million to the Defendant for the purchase price on June 9, 2015, stating that “The Plaintiff sold KRW 165,000,000,000 to the G forest land (hereinafter “instant real estate”) among G forest land in Chuncheon-si, the Plaintiff transferred KRW 20,000 to the Defendant for the purchase price on June 9, 2015.”
However, the Defendant agreed to sell the instant real estate in KRW 10 million from Taesung Co., Ltd., and the KRW 10 million out of the purchase price received from the Plaintiff is out of the said forest land from Taesung Co., Ltd.