1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Facts of recognition;

A. 1) The Defendant entered into a lease agreement with C on April 10, 2013, and the building E (hereinafter “the instant officetel”) in Sungnam-si, Sungnam-si.

(2) The sales price shall be KRW 222,100,000 shall be sold in lots, and the down payment (10%) shall be made once more than the contract date and May 10, 2013, the intermediate payment (60%) shall be made six times from May 28, 2013 to January 28, 2015, and the remainder (30%) to be paid at the time of occupancy (hereinafter “instant supply contract”).

(2) On August 29, 2015, the Plaintiff concluded a lease agreement with the Defendant under which the instant officetel will be leased for a period of 180 million won and 12 months from September 18, 2015 to September 18, 2016, and the down payment of KRW 18 million out of the deposit shall be paid at the time of the contract, and the intermediate payment of KRW 82 million shall be paid at the time of August 31, 2015 (hereinafter “instant lease agreement”).

At the time, the Plaintiff was not confirmed by the Defendant regarding the details of the intermediate payment of the instant supply contract.

3) On August 29, 2015, the Plaintiff paid the Defendant the down payment of KRW 18 million to the Defendant. 4) At the time of entering into the instant lease agreement, the Plaintiff’s side was a licensed real estate agent F (G Licensed Real Estate Agent Office), and the Defendant’s side performed each of the brokerage work.

B. On August 31, 2015, the date of the payment of intermediate payment under the instant lease agreement, the Plaintiff was the Defendant at the office of a licensed real estate agent of H, both licensed real estate agents, for the payment of intermediate payment with H and F, but the Defendant was not present. On the same day, the Plaintiff transferred the intermediate payment of KRW 82 million to H’s account, a licensed real estate agent of the Defendant, and kept the intermediate payment of KRW 82 million. 2) On August 31, 2015, the Plaintiff notified the Defendant of the fact that he kept the intermediate payment of KRW 82 million to H, and paid the intermediate payment after receiving the intermediate payment.