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1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be cancelled.
Reasons
1. Facts of recognition;
A. On July 16, 2013, the Plaintiff, a licensed real estate agent registered as the agent for a request for purchase pursuant to the Rules on the Registration, etc. of Real Estate Agent's Agent (hereinafter "Rules on the Registration, etc. of Agent for Purchase"), entrusted the Defendant with an agent for a request for purchase of G Compulsory Auction case at the Seoul Eastern District Court and paid the down payment of KRW 10,000 won (the above case was entered as the first sale date on July 15, 2013 and was concluded as the creditor's withdrawal before August 26, 2013, which was scheduled to be the second sale date) and thereafter, delegated the Seoul Eastern District Court C's auction case of real estate (the subject matter of auction is Gangdong-gu Seoul Metropolitan Government D apartment 410 Dongdong 808 (hereinafter "the building of this case"), and the auction case was referred to as "the auction case of this case") to the Defendant, including an analysis of rights, to the Defendant.
[The contract (Evidence No. 2) signed on August 19, 2013, which is the date of sale as seen below with respect to the delegation contract for the request for the purchase of the auction case of this case. The plaintiff asserts that the time of delegation for the actual request for purchase is the end of July, 2013, while the defendant asserts that the plaintiff requested the purchase to the o'clock on the day immediately before the date of sale and entered into a contract on the day of sale].
On August 19, 2013, the Defendant sold the instant building by offering the purchase price of KRW 511,115,000 on behalf of the Plaintiff (the purchase price of the Plaintiff is KRW 497,00,000) and received KRW 2 million from the Plaintiff.
C. Meanwhile, at the time of the auction of the instant case, E leased and resided the instant building in the amount of KRW 140 million,000,000,000.
(B) The Defendant, who joined and used a membership, was KRW 10 million, but around March 15, 201, increased by KRW 30 million. The Internet of the Switzerland, Inc. (hereinafter “stock company”).