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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. The reasons for the acceptance of the judgment of the court of first instance are as follows. Each "Witness B" of the acts No. 5 and No. 7 of the judgment of the court of first instance shall be dismissed as "Witness B of the court of first instance", and the following acts are identical to the reasons for the judgment of the court of first instance, except for the addition of "the additional decision" as to the assertion that the defendant emphasizes or adds to this court, and thus, it shall be cited as it is in accordance with the main sentence of
2. Additional determination
A. Defendant’s assertion that there is no brokerage act and judgment 1) Defendant’s summary B merely received KRW 10,00,000 from the Plaintiff for purchase of land, etc. other than Pyeongtaek-siF and ten parcels, and it did not have any contract for the above land at the time of payment of the advance payment. Thus, the Plaintiff’s receipt of KRW 10,00,000 from the Plaintiff does not constitute “mediation” under Article 30(1) of the Licensed Real Estate Agents Act, and the Defendant’s mutual aid business is a broker’s intentional act and negligence that guarantees the transaction party’s property liability. Thus, even if B embezzled the above KRW 10,00,00,00, the Defendant does not have any obligation to pay the Plaintiff’s damages due to the above embezzlement. Article 30(1) of the Licensed Real Estate Agent Act provides that “Where a practicing licensed real estate agent causes property damage to a transaction party due to intention or negligence in the course of brokerage act, a practicing real estate agent is liable for compensation for such damage.”
In this context, in light of the purport of the legal provisions aimed at protecting the transaction parties, it is not determined based on the subjective intent of the broker who has the intention to mediate and mediate the transaction for the transaction party, rather than on the basis of the broker’s intention. In light of the objective view of the broker’s act, the purpose of the broker’s act is to mediate and mediate the transaction from the perspective of social norms.