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1. The Defendant’s KRW 22,50,000 as well as the Plaintiff’s annual rate of KRW 5% from December 21, 2013 to January 19, 2017.
Reasons
1. Basic facts
A. On March 23, 2012, the Dondi City Development Co., Ltd. (hereinafter “execution company”) entered into a trust agreement with an international trust company (hereinafter “trust company”) and a sales management trust agreement with the international trust company (hereinafter “trust company”) while carrying out the business of selling DNA officetels built on the land outside Gwangju-gu, Seo-gu and four parcels, which is owned by the execution company, and the Gaman Construction Co., Ltd. (hereinafter “Aman”).
(hereinafter referred to as “instant trust agreement”). The main content is that a trust company manages the ownership of an officetel’s business site, and if an officetel is newly constructed and registered for preservation in the future, an officetel’s ownership is also managed by the trust company. Only the trust company has the authority to sell an officetel and the sales price shall be deposited into the management account opened by the trust company, and no sales contract without the seal of the trust company shall take effect.
B. On March 23, 2012, a trust company completed the procedures for registration of transfer of ownership based on the trust regarding the entire project site of an officetel, and the trust company completed registration of transfer of ownership on the Dtel 402 (hereinafter “instant officetel”) completed as of April 29, 2015, and later on August 18, 2015, the trust company’s name in the name of the trust company for the instant officetel.
8. 11. The procedures for the registration of ownership transfer based on the trust were implemented.
C. On December 18, 2013, upon the Defendant’s recommendation, the Plaintiff, a practicing licensed real estate agent having a close-friendly relationship, prepared a sales contract for the instant officetel at the time of the instant event as a seller. The sales price was set at KRW 45,00,000, which was lower than KRW 65,817,000, which was the actual transaction.
(The sales contract was directly executed by the Defendant on behalf of the Plaintiff (hereinafter “instant sales contract”). On December 20, 2013, the Plaintiff transferred KRW 45,000,000 to the Defendant’s Agricultural Cooperative account.