임대차보증금
The part of the judgment of the first instance against the defendants shall be revoked.
2. The plaintiff's primary claim against the defendants.
The scope of the judgment of this court is that the plaintiff primarily filed a claim for damages under Article 30(1) of the Certified Private Brokerage Act, the first preliminary claim for damages under Article 30(2) of the same Act, and the second preliminary claim for damages under employer liability under the Civil Act, and the first instance court rendered a judgment that recognized the plaintiff's primary claim's primary claim and accepted the plaintiff's claim against the defendants.
In the case of preliminary consolidation, several claims are indivisiblely combined to one litigation procedure, so it is not permitted to accept only the preliminary claims without first judging the primary claims is contrary to the nature of the preliminary consolidation. Therefore, when filing an appeal against the judgment, the main claims for which the judgment is omitted are also transferred to the appellate court.
Ultimately, the judgment of the court of first instance against the Defendants should be revoked in an unlawful manner, and in this case, the Defendants appealed from the judgment of the court of first instance, the Plaintiff’s primary claim against the Defendants, which omitted the judgment of the court of first instance, also falls under the scope of the judgment of this court, and both the primary, first, and second preliminary claims are transferred to the court.
2. Basic facts
A. The status of the parties (1) Defendant E is a certified broker who runs real estate brokerage business under the trade name of the building of Bupyeong-gu Incheon Metropolitan Government I and H Authorized Brokerage Office in J (hereinafter “instant brokerage office”). Defendant D (hereinafter “D”) is a joint Defendant D (hereinafter “D”) of the first instance trial, who performs the business of Mourter, etc. and performed the business related to real estate in the instant brokerage office from May 2015 to October 2016.
person is a person.
(2) The Defendant F Association (hereinafter “Defendant Association”) has an insurance coverage period between Defendant E and Defendant E during the period from March 22, 2016 to March 21, 2017, and Defendant E engages in the act of real estate brokerage by intention or negligence.