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1. The plaintiff's appeal against the defendant D shall be dismissed.
2. The part against the defendant in the judgment of the first instance against the defendant shall be revoked and above.
Reasons
1. Facts of recognition;
A. The Mapo-gu Seoul Metropolitan Government H Ground Building (hereinafter “instant building”) was owned by Defendant B, and on May 16, 2013, the registration of partial transfer of ownership was completed on the ground of donation on May 14, 2013, and on February 19, 2014, the registration of extension of the said building was completed.
B. Defendant F is a licensed real estate agent of the I Licensed Real Estate Agent Office, Defendant E is a brokerage assistant, Defendant G is a licensed real estate agent of the J Real Estate Office, Defendant D is a brokerage assistant, Defendant Korea Licensed Real Estate Agent Association (hereinafter “Defendant Association”) is a mutual aid business entity which has entered into a mutual aid agreement with Defendant F and G.
C. On April 13, 2013, Defendant B drafted “Agreement and Exclusive Agreement” regarding the remodeling construction and lease of the instant building between Defendant D and Defendant D (hereinafter “instant exclusive agreement”), and the main contents thereof are as follows.
Defendant B is responsible for the name map of lessee of the instant building and cooperate with the documents related to remodeling (large-scale repair)/lease.
Defendant D shall bear the costs incurred in relation to the construction, new construction, the first floor, the total remodeling (large-scale repair)/lease of the second floor of the instant building, and shall act on behalf of the exclusive licensee for the current year.
Defendant D has completed the said remodeling project from May 3, 2013 to September 2, 2013, and completed the said remodeling project by September 10, 2013 due to administrative problems, Defendant D, who is scheduled to do so by September 10, 2013, is likely to specify the date on which the relevant construction project and the relevant building is leased.
The total rent shall be set by consultation between Defendant B and Defendant D based on the deposit of KRW 210,00,000 per month 18,300,000 per month.
Expenses incurred by Defendant D used in the said remodeling work shall be covered by Defendant D as premium, and it shall not be required to Defendant B in entirety.
Defendant E, around September 2013, mediates the Plaintiff as the leased real estate of the 3rd floor of the instant building (hereinafter “instant store”).