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. A. A licensed real estate agent B operates D Licensed Real Estate Agent Office in Busan City/Gu (hereinafter “instant brokerage office”) and E/F worked as a broker assistant in the instant brokerage office. The Defendant entered into a mutual aid agreement with B (hereinafter “instant mutual aid agreement”) while carrying on a mutual aid business to guarantee the liability of affiliated licensed real estate agents for damages with the association of licensed real estate agents.

B. On June 13, 2012, E and F recommended the Plaintiff, who was examining the real estate sold at the instant brokerage office, to purchase the IF in Busan Northern District H (hereinafter “instant real estate”), jointly with J. On the same day, the Plaintiff agreed in the instant brokerage office that “The Plaintiff shall transfer the instant real estate to joint ownership, distribute profits after remodeling construction, and pay an intermediate payment of KRW 30 million under the sales contract on the instant real estate concluded between J and G.”

C. The Plaintiff, upon entering into the foregoing arrangement, delivered intermediate payment of KRW 30 million to E and F, and E and F sent KRW 20 million out of the above KRW 30 million to J to pay the intermediate payment for the instant real estate, and the remainder of KRW 10 million was arbitrarily used.

E and F were sentenced to a fine of KRW 1,50,00 for each of the above facts of crime in embezzlement in the Busan District Court case of embezzlement on November 15, 2013, Busan District Court Decision 2013Ma513, and the appeal (Supreme Court Decision 2013No3826) and appeal (Supreme Court Decision 2014Do7186) were dismissed, and each of the above judgments became final and conclusive on January 29, 2015.

[Ground of recognition] Facts without dispute, entry of Gap 1, 2, 3, and 5 evidence (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether it falls under brokerage;

A. The plaintiff alleged by the parties is paid the purchase price by E and F, a brokerage assistant of the instant brokerage office.