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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. The Plaintiff’s husband, the Plaintiff’s husband, decided to make an investment in the apartment upon the Defendant’s recommendation, which is a licensed real estate agent, and on May 27, 2007, transferred KRW 50 million from the Plaintiff’s account to the Defendant’s account.
B. On May 31, 2007, the registration of ownership transfer was completed on May 27, 2007 in the name of the Plaintiff’s Dong-gu E Apartment 306 (hereinafter “instant apartment”) on May 27, 2007.
C. On behalf of F, the Defendant leased the instant apartment on January 5, 2008 to J on July 24, 2008, on behalf of F, the owner of the instant apartment. At the time, the lessee entered the Defendant’s Agricultural Cooperative Account (Account Number: K) with the account for payment of deposit or rent.
Meanwhile, on April 29, 2011, the Defendant completed the registration of ownership transfer on the instant real estate based on sale on April 21, 2011.
E. Between G on June 14, 2011, F sold the instant apartment at KRW 162 million, and F succeeded to the buyer’s obligation to refund the deposit amount of KRW 120 million out of the above purchase-price and KRW 20 million to the lessee of the instant apartment, and G succeeds to the buyer’s obligation to pay the remainder of KRW 22 million (the remainder of KRW 16 million shall be paid at the time of the contract, and the remainder of KRW 6 million shall be paid on June 21, 2011). G concluded an apartment sales contract with the delivery date of the instant apartment as of June 21, 201, with the Defendant’s account as of KRW 9 million on June 10, 201 and KRW 70 million on June 14, 2014, and completed the registration of ownership transfer as of each of the instant apartment units.
F. On December 23, 2012, the Plaintiff and the Defendant drafted each of the following descriptions (hereinafter “each of the instant notes”).
- - Indication of real estate: The authority of the Plaintiff (D’s agent, wife) to sell and purchase the entire land at the end of December 23, 2012, under the status of 1106 on December 23, 2012.