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1. The part against the Claimant B of the judgment of the court of first instance, which orders the payment below, shall be against the plaintiff.
Reasons
1. Facts of recognition;
A. On December 2014, the Plaintiff received a proposal from D, which operated the so-called “type of deposit account” and had a relatively high deposit account for not less than 30 years, and purchased a deposit account in the first place to pay additional amount in the event of winning, and as a result, D issued B a sales contract, receipt, proxy letter of sale, certificate of transaction, certificate of renunciation of rights, and a copy of resident registration, together with B’s personal seal impression and a copy of the deposit account in the name of B.
B. On April 16, 2015, the Plaintiff applied for the sale of an online subscription with respect to the Asia Trust Co., Ltd. and the F apartment No. 110, 1405, 1405 (hereinafter “instant apartment”). On April 22, 2015, the Plaintiff concluded the sales contract for the instant apartment (hereinafter “instant sales contract”) with B as the seller for sale on April 22, 2015, using the passbook in the name of B and the authorized certificate.
C. Upon the Plaintiff’s request, the Plaintiff asked E to borrow the sales contract amount for financing insufficient sales contracts, and E transferred KRW 37,500,000 to the account in the name of each executor on April 22, 2015, and KRW 1,200,000 to the balcony expansion contract amount on July 23, 2015.
Since then, the plaintiff supplemented the following as follows: "52,70,000 won" in the sales contract column in the name of B, and in the column of the proviso, the amount of "52,500,000 won in balcony expansion amount (gold KRW 14,200,000)" (gold KRW 14,200,000) in the form of balcony extension deposit (gold KRW 14,200). The remainder payment loan of KRW 10% (gold KRW 37,50,000) shall be the buyer's succession." At the date of preparation, the plaintiff supplemented each of "52,70,000,000" in the column of the amount of receipt "52,70,000,000", and filled as "the purchase price of F apartment 110,405," in the column of the description.
E. Meanwhile, B on June 3, 2015, the second apartment sales contract amounting to KRW 37,500,000, and July 22, 2015.