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The defendant's appeal is dismissed.
Reasons
1. The Defendant, on August 2013, received a lessor’s permission from the former lessee I of the instant real estate, and confirmed it by phone to G upon request of brokerage. On August 19, 2013, the Defendant was confirmed by phone to G when entering into the instant real estate lease agreement between G and new lessee H. As such, there was no fact that he/she was an agent qualification for G.
2. Comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the fact that the instant lease agreement was concluded by gathering the power of representation from the lessor, even though the Defendant was not properly granted the power of representation from the lessor.
A. The Defendant confirmed the lessor’s intention of real estate lease in telephone call only by telephone upon the request of the former lessee I.
The G phone number stated in the previous lease agreement with I is the G phone number, and I also contacted with G's wife, and the defendant also informed the G's phone number.
A statement made by the original court, etc. (76,77 pages of the trial record) and the defendant may not directly communicate with G.
B. He stated in the court below that “Defendant entered into a contract with G on August 19, 2013 upon confirming the delegation of the lease agreement by telephone at the time of signing the lease agreement.” However, H was in favor of Defendant’s right to represent real estate transaction lawsuit from G, and thus, it is favorable for Defendant to recognize the Defendant’s right to represent the real estate transaction lawsuit. As such, Defendant was in the same position as the Defendant, and the voice of the other party to telephone was not accurate, and entered into a contract without confirming the copy of the registry of the instant real estate in trust with Defendant and I.
The statement was made (54,55 pages). (c)
The Defendant did not engage in a transaction prior to the instant lease contract with a lessor G or his wife, and was requested to mediate.