1. The part against Defendant C among the judgment of the first instance is revoked.

2. Defendant C is jointly with Defendant D and E.

1. Basic facts

A. Defendant C is a licensed real estate agent, who is a registered title of the International Licensed Real Estate Agent Office (hereinafter “I Real Estate Office”) that is a brokerage office registered on the first floor of the building located in Gangnam-gu Seoul Metropolitan Government H.

Defendant D and E are registered as a brokerage assistant for I real estate.

B. On November 16, 2016, Plaintiff A found I real estate and consulted with E in order to purchase the real estate advertised by E., and received the introduction from Defendant D of Gangnam-gu Seoul Metropolitan Government G-214.2 square meters and its ground buildings (owner F; hereinafter “instant real estate”). The Plaintiffs (Divisions) decided to purchase the instant real estate.

C. Defendant D demanded the Plaintiff to “F to pay KRW 3,100,000,000 for the purchase price, but was lower than KRW 3,050,000 on the condition that F did not receive a brokerage commission from F, and accordingly, Defendant D demanded that the difference of KRW 50,000 for the purchase price be changed at the cost of repair, and the Plaintiff A consented thereto.

Plaintiff

A, on November 16, 2016, concluded a sales contract with F to purchase price of KRW 3,050,000 for the instant real estate in the names of the Plaintiffs (hereinafter “instant sales contract”).

A sales contract (Evidence No. 1) prepared by Defendant D entered that “the brokerage remuneration shall be 0.9% of the transaction price,” and the description of the object of brokerage (Evidence No. 2) stated “30,195,000 won as the brokerage remuneration (=the purchase price of KRW 3,050,000 x value-added tax 0.9%).

On the other hand, when counseling with the Plaintiff or preparing a sales contract with the Plaintiff, the Defendant C did not have any I real estate, and the signature and seal of the Defendant C’s name stated in the practicing licensed real estate agent column of the sales contract and the description of confirmation of the object of brokerage was made by Defendant D.

E. On December 8, 2016, Plaintiff A transferred KRW 30,000,000, which was around the first intermediate payment payment date, to E account. On December 9, 2016, Plaintiff A transferred KRW 5,000,000 out of the said money to Defendant D account.

Plaintiff

A on January 17, 2017, January 17, 2017, around the second intermediate payment payment date. 45,000.