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Reasons
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(영문) 서울고등법원 2016.12.22 2013나72581
불법행위에 대한 손해배상
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1. The application for participation by the plaintiff (appointed party) and assistant intervenor shall be dismissed;

2. The appeal by the plaintiff (appointed party).

Reasons

1. Basic facts

A. 1) Defendant A, at around 2004, was an employee of the J Licensed Real Estate Agent Office at the time of the conclusion of the instant contract. Unless otherwise specified, Defendant G, who was an employee of the J Licensed Real Estate Agent Office, and the remainder of the Defendants other than Defendant G (hereinafter referred to as “the Defendants”),

(ii)each of the real estates listed in the separate sheet held by it (hereinafter referred to as “each of the real estates of this case”);

Specific ownership and sharing relations are as shown in the attached Table.

) A commissioning a trade brokerage of the total 12,835 square meters of six parcels (3,979 square meters) was made. Defendant G was the husband of the I withdrawn after filing the instant lawsuit with the Plaintiff, etc. on January 18, 2005.

The real estate of this case was introduced to K (However, the person who entered into the actual sales contract is I.

(2) On January 20, 2005, the J Licensed Real Estate Agent Office purchased each of the instant real estate from the Defendants, the seller, as the broker of Defendant G, at the J Licensed Real Estate Agent Office, in the amount of KRW 795 million, and the contract deposit amount is KRW 100 million on February 21, 2005, and KRW 395 million on March 30, 2005, and KRW 400 million on March 30, 2005, among the total estimated sales amount of KRW 800 million, and KRW 100 million on March 21, 2005, and KRW 395 million on March 30, 2005, and at the same time, concluded a sales contract under which the registration of ownership transfer should be completed (hereinafter “instant sales contract”).

However, in the process of concluding the instant sales contract, I did not notify the seller or the actual purchaser of the funds of the instant sales contract, including L and Defendant G, etc., and stated the buyer column of the instant sales contract (Evidence A No. 1-1) as “I and two other persons” and affixed only I’s obstacle.

I paid KRW 100 million for the same day down payment, and thereafter paid KRW 200 million for the intermediate payment through Defendant G.

B. The internal agreement, etc. of this case is only 1.

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