매매대금반환 등
1. Of the judgment of the first instance court, KRW 100 million against the Plaintiff and its related thereto from November 12, 2013 to January 14, 2015 against the Defendant.
Land sale contract and indemnity contract
A. C, a licensed real estate agent, is operating a licensed real estate agent office at the original city.
The defendant is running the mutual aid business to guarantee the liability for damages of affiliated licensed real estate agents with the association of licensed real estate agents.
B. Around March 8, 2012, the Defendant entered into a mutual aid agreement with C and the period of mutual aid from March 11, 2012 to March 10, 2013, setting the credit limit of KRW 100 million, and a mutual aid agreement (hereinafter “instant mutual aid agreement”) as property damage incurred to the transaction parties by intention or negligence of a licensed real estate agent subject to mutual aid.
C. C purchased land E and 28 parcels in the city of Won-si, in accordance with a plan to sell the housing complex for electric source in the future around September 201, and paid 200 million won down payment to B on the 8th of the same month.
C On April 5, 2012, without the prior consent of B, the Plaintiff entered into a contract to sell 671 square meters of forest forest land in the original city (hereinafter “instant contract”) to the Plaintiff (hereinafter “instant contract”). The sales contract entered B as the seller, and C as the seller’s agent and broker.
E. The Plaintiff transferred 50 million won down payment to C on the date of conclusion of the instant sales contract, and the same year.
8. The remainder of KRW 78 million paid at the Licensed Real Estate Agent Office operated by C as a check. However, C arbitrarily consumed the amount received for personal purposes, and C did not transfer the ownership of the land of this case to the Plaintiff.
[Grounds for recognition] The plaintiff asserted that Gap evidence Nos. 1 through 5, Gap evidence Nos. 6 and 7's evidence Nos. 1, 2, Gap evidence Nos. 15-4, 7 through 9, 11, 12, 13, and 16's mediation act, and the purport of the whole pleadings constitutes mediation act, and the plaintiff's assertion that Eul, a licensed real estate agent, did not have any intent or ability to transfer the land of this case in the course of mediating the sales contract of this case, shall encourage the plaintiff to enter into the sales contract