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1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.
Reasons
1. Facts of recognition;
A. A, the Plaintiff in the first instance trial (hereinafter “A”), a real estate lease agreement between A and G
(1) On August 11, 2009, E-owned Partnership No. 1001, 1003, 1003, Seoul Special Metropolitan City F apartment from E-owned Partnership (hereinafter “instant apartment”).
(2) The Plaintiff purchased the apartment in lots, and the Plaintiff borrowed the apartment from the Plaintiff to the Plaintiff as the deposit money for the sale in lots (hereinafter referred to as the “instant loan”).
(2) On September 7, 2009, the Plaintiff’s successor intervenor, who was represented by A, concluded a real estate lease agreement (hereinafter “instant lease agreement”) with respect to G and the instant apartment on October 30, 201, with a fixed deposit of KRW 220,000,000 as well as the contract period from October 31, 2009 to October 30, 201, and agreed to pay the remainder of KRW 22,00,000 on the day and the remainder of KRW 198,00,000 from G to October 31, 2009, and the instant loan was paid in full as the deposit.
3) Meanwhile, A, a lessor of the instant lease agreement, was the Defendant, who was a licensed real estate agent operating H real estate, and the co-defendant D of the first instance trial was working as a real estate intermediary for the Defendant. B. D’s agent receipt and utilization 1) A and the Plaintiff’s succeeding intervenor could not receive any balance directly from G on the day of the lease agreement, due to the circumstances in which D’s agent receipt and utilization 1) and the Plaintiff’s succeeding intervenor could not receive any balance directly from G on the day of the lease agreement, there is a common-friendly relationship, and as such, D, who has arranged for the sale of the instant apartment, has prepared a power of attorney to delegate all the authority to receive the remainder, excluding the down payment, among the deposit for the lease on
2) On October 30, 2009, D received the remainder of the lease deposit amount of KRW 198,000,000 from G on behalf of A. On the same day, D received KRW 5,406,000 from A. However, D received lease deposit from G as above.