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1. The part of the judgment of the court of first instance against the conjunctive defendant C shall be revoked;
2. The plaintiff's conjunctive defendant C
Reasons
1. Facts of recognition;
A. A. Around January 2013, the name of the conjunctive Defendant and his relative appears to be “I”. Around January 2013, the Defendant entered into a sales contract with the owner of the Felel, which is an accommodation facility D and E with the sixth floor above the Incheon Nam-gu, and the primary Defendant’s relative borrowed KRW 100 million from the primary Defendant in order to raise the purchase price.
B. Although the registration of ownership transfer was not completed due to the sale, the conjunctive Defendant secured the de facto disposal right from the seller by concluding a sales contract for the instant cartel, which requested G, a real estate broker, to rent the instant cartel.
C. Meanwhile, H, who seeks to rent the telecom, requested the Plaintiff, a corporation that runs the real estate brokerage business, to arrange for rent, and through G, sought advice from the Plaintiff, who became aware of the existence of the instant telecom, on January 201 to February 2013, 2015, about the current status of the instant telecom, visiting the instant telecom with the Plaintiff’s employees, G, etc. to visit the instant telecom.
After that, on February 5, 2013, H entered into a lease agreement with the conjunctive Defendant to lease the instant telecom amounting to KRW 450 million.
[The conjunctive defendant was entered as the lessor in accordance with the lease agreement (No. 5)].
As such, at the time when a lease contract was concluded between the preliminary defendant and H and the real estate agent belonging to the plaintiff was prepared, G was present, but G did not participate in the relation of hospitalization in a hospital for simple surgery.
F. On the other hand, as the primary defendant borrowed money from the primary defendant and the primary defendant's relative needs to show it to the primary defendant, the lessor requests the preparation of a lease contract with the primary defendant, and the lease contract with the primary defendant as the lessor and the primary defendant as his representative.