1. The Defendants are jointly and severally liable to the Plaintiff.

(a) As to KRW 32,00,000 and its amount, Defendant B shall be the defendant from January 25, 2019.

Basic Facts

On April 14, 2017, the Plaintiff purchased from Defendant B, who runs an authorized brokerage business, the amount of KRW 80,000,000 of the purchase price of KRW 661 square meters (hereinafter “instant land”). Defendant B, on the same day, prepared a multi-use contract with the content of KRW 50,000,000 without the Plaintiff’s consent, and completed the registration of ownership transfer on the said land in the future of the Plaintiff.

On December 2017, the Plaintiff: (a) requested Defendant B to sell the instant land; and (b) made a verbal agreement with Defendant B to the effect that Defendant B would be responsible for the capital gains tax that the Plaintiff would incur as a result of the preparation of the said multilateral agreement (hereinafter “instant verbal agreement”).

The instant land was sold in KRW 70,000,000 to Nonparty E and two (2) on December 22, 2017. Defendant B did not pay KRW 30,000,000 out of the purchase price paid by the buyer to the Plaintiff.

On December 27, 2017, the Plaintiff drafted a loan investment agreement (hereinafter “instant investment agreement”) with Defendant B on the purport that “(Defendant B) shall make an investment of KRW 30,000,000,000 at the time of the purchase and sale of the Plaintiff’s land in two parcels of land, i.e., the former Hagu-gun, Hagu, in which Defendant B is proceeding, to pay KRW 12,00,000,00 for the principal and profit of the investment without any loss due to any loss of principal. The Plaintiff shall pay the amount corresponding to the amount to be paid at the time of the nonperformance of the above contents, which is to be compensated for with the land from the said two parcels of land (hereinafter “instant investment agreement”).

The Plaintiff from Defendant B on December 28, 2017, stating that “10,000,000 won out of the amount of 30,000,000 of the instant investment agreement shall be paid on January 10, 2018, based on the bilateral agreement prepared by the Plaintiff and Defendant B, and the remainder of 20,000,000 won shall be paid as investment, and the principal shall be paid until December 2018, with the payment of profits, and the principal shall be paid by December 2018.”