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1. Defendant B’s KRW 41,300,000 as well as 5% per annum from October 5, 2016 to January 30, 2019.
Reasons
1. Basic facts
A. On February 19, 2016, the Plaintiff purchased a single or multi-family house, etc. worn-out in a city and provided them with a small house for 1-2 households, which is remodeled or reconstructed, and thereafter leased them at low cost (hereinafter “instant project”). The Plaintiff publicly announced purchase of old age, single or multi-family house, etc. to conduct business (hereinafter “instant business”).
B. On July 26, 2016, Nonparty C filed an application with the Plaintiff for the purchase of “the instant real estate” jointly owned by five persons, including himself/herself, along with an application for the broker of Defendant A, a licensed real estate agent, and “the instant land” (hereinafter “instant land”) and “121.32 square meters for one-story living facilities of the first floor of the instant land, slive slive roof, and 15.56 square meters for two-story housing” (hereinafter “instant housing”; hereinafter “the instant real estate”).
C. 1) The Plaintiff awarded a contract to Defendant B, an architect, on March 2016, for services regarding the review of the expansion of housing to be purchased from around March 2016, and accordingly, Defendant B provided services to relevant real estate including the instant real estate. (2) As to the instant real estate submitted by Defendant B to the Plaintiff, the “site situation and expansion review report” (Evidence A9) related to the instant real estate is indicated as follows: “A construction is deemed possible as a result of the examination of the relevant laws and regulations, and the expansion of the number of existing households is deemed good.”
The Plaintiff entered into a sales contract with C, etc. on September 22, 2016 with respect to the instant real estate, and paid C, respectively, the intermediate payment of KRW 230,000,000 on October 4, 201 of the same year, and the intermediate payment of KRW 230,000,000 on December 12 of the same month.
E. 1 The Plaintiff, around November 9, 2016, from another “business entity performing planning and supervision services for remodeling rental business”, and the instant real estate is Class 1 district unit planning zone.