1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. C is a licensed real estate agent operated by the H Licensed Real Estate Agent Office at the same place as above, and the Defendant is a licensed real estate agent who is entrusted by F with the management of the 10 stud building, including the 10 studio Building (hereinafter “instant building”) owned by F, selling and leasing the 10 studio building on behalf of F.

B. On January 3, 2013, the Plaintiff is acting as the broker of Plaintiff I and F, under the brokerage of Plaintiff C.

With respect to G building 406 (hereinafter “instant studio”), the lessor entered into a lease agreement with F, monthly rent-free lease deposit amount of KRW 30,000,000, and the lease term of the G building from February 2, 2013 to February 1, 2015.

(hereinafter “instant lease agreement”). C.

On February 2, 2013, the Plaintiff deposited KRW 3,000,000 on the date of the instant lease agreement, and KRW 27,000,000,00 in the account in the name of I. The Defendant received the said money from I and transferred the said money to C, and C transferred KRW 3,00,000 among them to F.

However, the F died on December 30, 2012, and his heir as of December 30, 2012, K, who is the wife of the net F (hereinafter “the deceased”), and C, after the Deceased’s death, was delegated by the said J and K, managed the said 10 stud building.

E. On January 2, 2015, while terminating the instant lease agreement, the Plaintiff and K returned KRW 18,000,000, which is part of the deposit, to the Plaintiff, and the Plaintiff agreed to deliver the studio of this case to K at the same time as receiving the payment from K.

F. Meanwhile, as Suwon District Court Decision 2014Gohap597, “A” forged a false monthly rent contract with a lower amount than the deposit for the rent actually received while managing the building as above, and shows it to the deceased or his inheritors, with an intention to transfer only the deposit under the monthly rent contract that was forged and embezzled the amount corresponding to the difference, and the Plaintiff’s 30,000,000 won is studio.