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1. Paragraphs 1 and 2 of the decision of the first instance, including the plaintiff's claim expanded in the trial, are as follows.
Reasons
1. Facts of recognition;
A. D reported an advertisement that sells and purchases a large number of loans, and requested Defendant B to sell and purchase the instant real estate, Jung-gu E-Ba 201 (hereinafter “instant real estate”).
At the time, on June 21, 201, the instant real estate was respectively set up the first priority mortgage of KRW 182,00,000 for the mortgagee, the Saemaul Depository, the maximum debt amount of KRW 182,00,000, and the second priority mortgage of KRW 45,000 for the maximum debt amount registered on November 8, 201, but the market price of the instant real estate did not reach the aggregate amount of each of the maximum debt amounts of the instant real estate.
Defendant B solicited Defendant B to set up a transfer margin when there is an individual creditor, and at the time D notified Defendant B that the interest on loans related to each of the above collateral security was overdue.
B. Around March 9, 2012, D entered into a lease agreement on the instant real estate and entrusted Defendant B with all rights to receive the lease deposit, and issued a passbook and a card to be used for the receipt of the lease deposit. Defendant B paid KRW 2,00,000 to D on the same day.
C. On March 12, 2012, the Plaintiff reported Internet advertising and visited the instant real estate. At the time, Defendant B was not an employee of the G Licensed Real Estate Agent’s Office, but was called as the head of the said office, and explained the instant real estate broker’s brokerage.
On March 13, 2012, the Plaintiff entered into a lease agreement with Defendant C, who operates Defendant C and G Licensed Real Estate Agent Office, setting the lease deposit for the instant real estate as KRW 32,00,000, and the lease period from March 21, 2012 to March 20, 2014. The Plaintiff entered into a lease agreement with Defendant C as a broker, and issued it to the Plaintiff.
On March 13, 2012, the Plaintiff remitted the remainder of KRW 31,000,000 to the account in the name of D, and the remainder of KRW 31,000,000 on March 21, 2012.
. above money.