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1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the above part shall be dismissed.
Reasons
1. Facts of recognition;
A. B is a licensed real estate agent who operates the office of "D Licensed Real Estate Agent" (hereinafter referred to as "licensed Real Estate Agent Office of this case"), and the Defendant is a mutual aid business entity that entered into a mutual aid agreement (hereinafter referred to as "mutual aid agreement of this case") between B and B on March 27, 2012 in order to guarantee liability for damages incurred by Defendant E, while acting as a broker by Defendant E under Article 30 of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act (Amended by Act No. 12374, Jan. 28, 2014; hereinafter referred to as "Licensed Real Estate Agent Act") and intentionally or negligently, causing property damage to a transaction party.
B. B around October 2012, F permitted F to engage in real estate brokerage in the instant real estate agent’s office using his/her name.
C. On October 16, 2012, G, the Plaintiff’s agent, entered into a sales contract with H-owned land J (hereinafter “instant land”) and I-owned land buildings for purchase of KRW 79,00,000 in total purchase price (hereinafter “instant sales contract”). On the same day, G, the agent of H, paid KRW 10,000,00 as the provisional contract amount under the instant sales contract, to K, the agent of H, for the same day.
On October 17, 2012, the following day after the conclusion of the instant sales contract, the Plaintiff notified I and H of the intent to waive the said provisional contract and cancel the instant sales contract through F.
【Ground of recognition】 The fact that there has been no dispute, Gap’s 5 through 8, 10 through 14, Eul’s 1 through 3, Eul’s testimony and the purport of whole pleadings
2. The assertion and judgment
A. The summary of the Plaintiff’s assertion of tort due to the name lending, etc. B is a licensed real estate agent.