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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff became aware of C through the introduction of the real estate broker, and C recommended the Plaintiff to deposit the down payment with the E-cooperative account under the name of the Defendant, first of all, by allowing the Plaintiff to purchase the unsold apartment unit D (34 square meters) at a price lower than the market price.
B. Accordingly, on November 11, 2016, the Plaintiff wired the down payment of KRW 33 million to the E-Cooperative account under the name of the Defendant, and the representative director F of the Defendant Company wired all the said money to the account directed by C on the same day.
C. While the down payment was made but the subject matter of the sale was not determined and the subject matter of the sales contract was not prepared, C and G were prosecuted due to fraud, etc. and sentenced to imprisonment on January 11, 2018. Of them, the summary of the fraud crime is as follows:
(A) A real estate investment consulting business entity (hereinafter “H”) and H Co., Ltd. (hereinafter “I”) established for real estate investment consulting business; C is the representative director of the said two companies; G is a director of the said two companies; G is a person who is in the office of director of the said two companies; G in collusion with C, J, and did not intend to transfer the ownership or right to sell the apartment owned by “K”, “L” apartment, “L” apartment, “M apartment,” etc.; and H and I acquired the purchase contract and the down payment, etc. with the intent to sell the apartment owned by the said company at a lower price than the market price.
Of the facts charged in the relevant criminal case, the Plaintiff transferred KRW 100,000 to Q Bank account in the name of P on October 6, 2016, as the purchase price of N ApartmentO, belonging to G, to Q Bank account in the name of P, and on November 11, 2016, transferred KRW 330,000 to C for the purchase price of unsold apartment units in the name of the Defendant’s name, and acquired the money by deceiving KRW 133,00,000 in total.