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1. Of the judgment of the court of first instance, the part against the Plaintiff ordering payment among the claims against Defendant D, which falls under the following order.
Reasons
1. The reasoning of the court of first instance’s explanation concerning the instant case is as follows, and thus, the judgment of the court of first instance is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, as it is, in addition to the reasoning of the court of first instance.
The first instance court's first instance court's first instance court's first instance court's first instance court's third to 8 pages 7 are as follows.
4. Determination as to the claim against Defendant D
A. Although Defendant D, as a licensed real estate agent, should investigate and confirm whether B was granted the power of representation from co-owners C, he could not be held liable as a lessor due to failure to perform such duty of care. In the voluntary auction on the land and building B’s portion as indicated in the separate sheet, the Plaintiff received only KRW 7,826,869 as a small lessee and received the total amount of KRW 45,00,000 as a lease deposit, and thus, the Plaintiff could not recover the total amount of KRW 37,173,131 (= KRW 45,00,000 - KRW 7,826,869). Thus, the Plaintiff shall pay the remainder of the lease deposit as compensation for damages.
B. 1) In full view of the purport of the statements and arguments in Gap evidence Nos. 8 through 10, Eul evidence No. 1, and Eul evidence No. 1, the plaintiff filed an application for auction of real estate rent for 1/2 shares in the land and buildings listed in the separate sheet. The above real estate was sold for 64,790,000 won, and the above real estate was sold for 1,363,592 won to Eul Co., Ltd. with the first priority in the distribution procedure of the above auction, the plaintiff, I, J, and K as a small lessee with the second priority in order of 7,826,869 won, and 3,000 won, the second priority in the attached list No. 373,090, and the second priority in the lease deposit for lease rent No. 2813,137,1361, and the third priority in the attached list No. 3716,516.
The above legal principles.