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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Summary of the plaintiff's assertion
A. In relation to the sale of apartment units No. 204 of the second apartment units in Seoul Special Metropolitan City, Nowon-gu (hereinafter “instant apartment units”), the Plaintiff had a claim of KRW 20 million to the Si Corporation and the DHousing Reconstruction and Improvement Project Association, and the Plaintiff could file a claim for the registration of ownership transfer on the apartment units. However, the Plaintiff agreed to delegate the sale of the instant apartment units to E in consultation with the Si Corporation, the above Association, and the sales agent, and to pay KRW 20 million out of the purchase price to the Plaintiff.
B. However, on October 12, 2012, E violated its duty as the delegated agent for the sale of the instant apartment, completed the registration of ownership transfer on the instant apartment in the name of the Defendant, which was a relationship with the former, and received the establishment of a collateral security and received a loan from the Korea Gyeyang Livestock Industry Cooperatives. After concluding a lease contract with a third party, E used part of the loan and security deposit for the repayment of the existing loan and used it as the remaining mind.
C. The defendant, as above, knew or could have known that completing the registration of ownership transfer of the apartment of this case in his name constitutes a tort against the delegating person who entrusted the sale of the apartment of this case, he participated in the above illegal act of this E, or attempted to facilitate the illegal act of this case by violating the duty of care not to assist the illegal act of this case. Thus, as the E and the joint tortfeasor, the defendant is liable to pay the plaintiff KRW 20 million for damages.
2. We examined the judgment, and the evidence alone submitted by the Plaintiff was involved in the Defendant’s breach of trust against the Plaintiff, etc.
It is not enough to recognize that the act was easy by aiding and abetting E's illegal act intentionally or by negligence, and it is not sufficient to recognize that it was easy.