가계약금반환 등
1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
1. On June 21, 2013, the Plaintiff’s assertion entered into a provisional contract with the Seongbuk-gu Seoul Metropolitan Government D apartment 101 Dong 1106 (hereinafter “instant real estate”) that was delegated by Defendant C and Defendant B, with the terms that the Plaintiff shall lease KRW 240,000,000 as the lease deposit, and the contract shall enter into as of July 1, 2013. The Plaintiff paid KRW 2,00,000,000, including the sum of KRW 1,500,000 on the same day as the provisional contract deposit.
However, the Defendants unilaterally terminated the above provisional contract on July 1, 2013, which is the date of this contract. The Defendants are liable to pay to the Plaintiff the sum of KRW 2,000,000 paid to the Plaintiff as the provisional contract amount and penalty of KRW 2,00,000 for the cancellation of the provisional contract, and damages for delay.
2. Determination
A. 1) Determination as to Defendant B’s claim 1) and there is no evidence to acknowledge that Defendant B granted the right to conclude a provisional contract as alleged by the Plaintiff to Defendant C, and the Plaintiff’s assertion as to Defendant B premised on this premise is without merit without further review. As to this, the Plaintiff asserted to the purport that, even if Defendant C was unable to obtain the right to conclude a provisional contract on the instant real estate from Defendant C, Defendant C was entrusted with the title of the instant real estate, and the Plaintiff believed that Defendant C had the right to conclude a provisional contract on the instant real estate, and thus, Defendant B was responsible for the expressive agent’s act.
However, in light of the following circumstances, which are acknowledged as a comprehensive consideration of the overall purport of the pleadings in the statement Nos. 1 and 2, namely, ① acting as an agent for a licensed real estate agent while acting as an agent for a real estate broker, and ② the provisional contract amount is not paid to Defendant B as a party to the contract, but paid to Defendant C.