Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. From September 1, 2010 to September 1, 2012, the Defendant served as an employee of the D Licensed Real Estate Agent C’s Office operated by the Licensed Real Estate Agent C.
B. On June 19, 2012, the Plaintiff bid only to the Plaintiff on the date of sale of the Goyang-gu District Court E Real Estate Auction Case (hereinafter “instant auction”). However, the Plaintiff’s bid was invalidated by entering the amount short of the minimum sale price in the bidding slip, and the said sale date was terminated by a bid.
C. On August 10, 2012, the Plaintiff paid KRW 500,00 to the Defendant as a survey expense for the instant auction subject matter. On August 13, 2012, the Defendant, on behalf of C, drafted a delegation agreement with the Plaintiff on behalf of C to accept the intermediation of acquisition of the instant auction subject matter (hereinafter “instant delegation agreement”).
On August 14, 2012, the Plaintiff paid KRW 224,000,00 as the deposit for purchase from the sale date of the auction of this case, and reported the purchase at the highest price. On the same day, the Plaintiff remitted KRW 15,00,000 to the Defendant’s deposit account.
E. On August 21, 2012, the Plaintiff received a decision of permission for the sale as the highest bidder at the date of decision on the sale of the instant auction.
F. However, the date of payment of the instant auction was designated as 15:00 on September 20, 2012, but the Plaintiff failed to pay the sales price up to that time, and the auction court ordered re-sale on September 24, 2012.
G. On November 19, 2012, the Plaintiff filed an application for the return of the deposit for purchase with the auction court on the grounds of defects in the sale specification, and the auction court recognized it and returned the deposit for purchase to the Plaintiff.
H. The subject matter of the instant auction was sold to FF, etc. in accordance with the procedure of re-sale conducted thereafter.
【Ground for Recognition】 Each entry of Gap evidence Nos. 2, 3, 5, and 6, Eul evidence Nos. 1, 9, 11, and 12 (including serial numbers), and the purport of the whole pleadings.