Text
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. The reasoning for the court’s explanation concerning this case is the same as the written judgment of the court of first instance, except for the following additional modifications. Thus, this Court’s explanation is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act
From the third second second second sentence of the first instance judgment to the third third third sentence, the following shall be amended:
Before September 2, 2008, No. 107 was determined to be KRW 520,000,000,000 for purchase, and No. 108 was determined to be KRW 400,000 for purchase, and No. 109 was determined to be KRW 500,000 for purchase, and sold No. 109 to the Defendant and the Intervenor joining the Defendant, respectively. The following is added between the third third and fourth reduction of the decision of the first instance.
"C. The plaintiff to transfer ownership completed the registration of ownership transfer in the name of the defendant on September 2, 2008 with respect to the real estate of this case on September 2, 2008." The plaintiff shall delete from the third fourth to the fourth second half of the judgment of the court of first instance.
2. Judgment on the ground of the Plaintiff’s claim
A. 1) The Plaintiff granted the right of representation to the Plaintiff when concluding the instant real estate sales contract, and D concluded a sales contract on behalf of the Plaintiff to sell the instant real estate in KRW 500 million on behalf of the Plaintiff, and the Defendant did not pay KRW 95 million out of the above sales amount, and the Defendant is obligated to pay the said unpaid sales amount to the Plaintiff. (2) The Defendant and the Intervenor joining the Defendant, who comprehensively delegated the sales of each of the instant commercial buildings to D, received KRW 1.4 billion out of the sales amount. The difference between the Plaintiff and the buyer of each of the instant commercial buildings, upon receiving more than KRW 1.4 billion from the sales amount of each of the instant commercial buildings, were paid to D. The Plaintiff paid all of KRW 1.4 billion to the Plaintiff. Thus, the Plaintiff did not have the right to claim the payment of the sales amount of each of the instant commercial buildings.
B. Determination 1) The sales contract of this case is the sales contract of this case.