1. Defendant B’s KRW 30,000,000 as well as 5% per annum from April 16, 2013 to August 22, 2014 to the Plaintiff.

1. Basic facts

A. Nonparty D was employed as a director in charge of sale from Nonparty G Co., Ltd., a company implementing a construction project, such as theater, commercial building, and shopping mall, on the land outside Seosan-si E and 13, on May 16, 2008. On May 16, 2008, Nonparty D received a sales contract for the instant commercial building on the first floor 185 (hereinafter “instant commercial building”) under the pretext of payment, etc. for overdue benefits, etc. from Nonparty D’s representative director, and the nominal owner of the sales contract was Defendant B.

B. On October 16, 2009, the Plaintiff decided to purchase the sales right of the instant commercial building through Defendant C, the head of Nonparty I Co., Ltd., the sales agent of the instant commercial building, in the purchase price of KRW 140 million (hereinafter “instant sales contract”), and paid the down payment of KRW 30 million to Defendant C.

C. Defendant C issued to the Plaintiff a receipt on which the name, resident registration number, and address of Defendant B are printed, indicating his name, resident registration number, and address as his agent.

The title of the shopping mall in this case was changed from Defendant B to D on June 201.

E. When the F’s right to sell the instant commercial building was not recognized as the right to sell the commercial building in a fixed manner due to the criminal act committed by the events of the F and persons related to the sale agency, the Plaintiff cancelled the sales contract of this case to the Defendants on March 28, 2013 on the grounds of delay of performance and impossibility of performance.

4. By 15. The notification was given that the down payment shall be refunded KRW 30 million.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 3, witness D's testimony, purport of whole pleading

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion was that the Plaintiff entered into the instant sales contract with the Defendants, and paid the Defendants the down payment of KRW 30 million, but the instant sales contract became impossible and the Plaintiff cancelled the contract. As such, the Defendants are obligated to refund the down payment already paid to the Plaintiff KRW 30 million.

(b).