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. The status of the Defendant and D Co., Ltd. is a licensed real estate agent engaging in real estate brokerage business under the trade name of “E real estate,” and D Co., Ltd. (hereinafter “D”) is a company that newly constructs and sells a 482-household Gtel on the land outside the Seo-gu in Gwangju, Seo-gu and four lots (hereinafter “instant officetel”).

B. (1) On March 23, 2012, H Co., Ltd. (the former trade name: I Co., Ltd.; hereinafter “instant trust company”) entered into a business agreement with the instant office building and sales contract, and a sales and management trust agreement (hereinafter “instant trust agreement”) with each of the instant offices.

(2) According to each of the above contracts, the trust company of this case manages the ownership of the instant officetel site and the instant officetel to be completed in trust, and D performs sales business such as entering into a sales contract after consultation with the trust company of this case. The trust company of this case takes charge of storage of the sales contract, opening of the fund management account, receipt and management of the sales price, and the sales revenue shall be collected only into the agricultural bank account in the name of the trust company of this case, which is the sales revenue management account designated by the trust company of this case. The sales contract of this case recognizes only the amount deposited in the designated sales revenue management account, stating the above sales revenue management account, and only the amount deposited in the designated sales revenue management account as the sale price. The trust company of this case did not sign the sales contract without the seal of the trust company of this case, and the trust company of this case completed the registration of ownership transfer of the instant

C. On January 12, 2015, the Plaintiff entered into a sales contract between the Plaintiff and D and the Plaintiff’s payment for the purchase price (1) with D as the Defendant’s broker to purchase the instant officetel K at KRW 43 million, and on the same day D.