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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.
Reasons
1. Facts of recognition;
A. The plaintiff is a licensed real estate agent, and C's father who is the defendant's spouse.
B. On April 5, 2010, the Defendant, as the Plaintiff’s intermediary, purchased the Gyeyang-gu Multi-household E (hereinafter “instant housing”) at KRW 135 million, and concluded a sales contract with the Plaintiff to acquire the obligation to refund the lease deposit amount of KRW 10,000,000 to the lessee of the instant housing (hereinafter “instant sales contract”), and completed the registration of ownership transfer on April 28, 2010.
C. Around the day of the instant sales contract, the Plaintiff delegated F Certified Judicial Scriveners with the implementation of the procedures for ownership transfer registration based on the instant sales contract, and paid KRW 2,240,000 for the total of KRW 2,86,00 for certified judicial scrivener fees and KRW 1,954,00 for the procedures for ownership transfer registration.
(1) On December 28, 2010, the Plaintiff entered into a lease agreement on behalf of the Defendant (hereinafter “the first agreement”) with the terms that the instant house is leased as KRW 5,000,000, monthly rent of KRW 300,000, and the lease term of KRW 1 year from January 2, 2011.
(2) On April 14, 2012, the Plaintiff, on behalf of the Defendant, entered into a lease agreement with H on behalf of the Defendant, stipulating that the instant house is leased KRW 3,00,000, monthly rent of KRW 300,000, and the lease period of KRW 2 years from April 25, 2012 (hereinafter “second agreement”).
(3) When entering into a first contract on behalf of the Defendant, the Plaintiff received KRW 5,00,000 from G, and subsequently returned KRW 10,000,000 to the existing lessee of the instant house by adding KRW 5,000 to KRW 10,000. Upon entering into the second contract, the Plaintiff received KRW 3,00,000,000 from H, and the Plaintiff received KRW 2,00,000,000 from H, together with the Plaintiff’s KRW 2,00,00,00 under the first contract.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 (the same shall apply to evidence No. 4), 2, 5, 6, 7, and 8, and the purport of the whole pleadings.