1. The part against Defendant C among the judgment of the first instance court is revoked, and the Plaintiff’s claim against Defendant C is dismissed.

2...

1. Basic facts

A. On July 201, the Plaintiff requested B, a licensed real estate agent, to sell the instant real estate, and B again requested Defendant C to sell the instant real estate.

B. On October 5, 201, Defendant C and F, who represented the Plaintiff, concluded a sales contract with the buyer as substitute for the payment of intermediate payment, setting forth that the buyer’s succession to the payment of intermediate payment of KRW 4.5 million and the remainder of KRW 5 million and KRW 42.5 million, out of which the contract deposit was paid to the seller. The sum of the bank loans worth KRW 220 million and the lease deposits against the lessee of the said real estate as security, as well as KRW 137.5 million.

(hereinafter “instant sales contract”). C.

According to the instant sales contract, F transferred KRW 5 million to the Plaintiff’s account around October 5, 201, which is the date of the contract, around October 5, 201.

B, including the right to receive the remainder from the Plaintiff, was granted a full right to the instant sales contract from F on October 17, 201, the remainder amount of KRW 42.5 million agreed by F, which was reduced to KRW 5 million, and received KRW 36,066,00 by deducting the settlement, public charges, etc. of the room management expenses and public charges.

E. However, B transferred only 3,150,000 won out of the balance received on October 19, 201 to the Plaintiff’s account through K as its employee.

F. Meanwhile, B, around July 2010, prior to the conclusion of the instant sales contract, intended to exchange the instant real estate with G and 6 lots, instead of G, Gyeong-gun, and paid the Plaintiff a total of KRW 3.5 million on July 22, 2010 and KRW 1.5 million on September 27, 2010, and the Plaintiff was required to install household appliances, such as a cooling house, etc., on the instant real estate for the said exchange. On September 18, 2010, B received KRW 100,000 from the Plaintiff as its expenses.

G. However, the exchange contract that B entered into by the Plaintiff with the grant of the former right (hereinafter “instant exchange contract”) is an issue concerning the original lease of the instant real estate.