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1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. The costs of appeal shall be borne by the Plaintiff.
purport, purport, and.
Reasons
1. The following facts are found either in dispute between the parties or in full view of the statements in Gap evidence 1-2, 2, 3, 4, 5-2, 3, 4, 2-2, and 4-2, and the purport of the whole arguments and arguments.
A. Defendant C is a licensed real estate agent registered as brokerage in Kimhae-si D, and Defendant B is a broker or assistant of the licensed real estate agent office of Defendant C’s operation.
B. On January 29, 2003, the Plaintiff’s Schedule concluded a sales contract with H to purchase five parcels of five parcels of K, L, M, N, andO in the capacity of H as the agent of H in the aggregate of KRW 125 million per parcel.
[O land (hereinafter referred to as "O land") of the above land.
) On January 30, 2003, G transferred KRW 14 million out of the total sum of KRW 125 million and KRW 5 million brokerage commission (one million per parcel) to Defendant C’s account on January 30, 2003, and the Plaintiff transferred KRW 26 million, which is the price for the above O’s land, to Defendant C’s account.
C. On May 13, 2003, among the above lands, the status of purchaser was changed under the name of H with respect to the N land, and the name of P with respect to the P as the husband of the Plaintiff from H under the name of P. D.
The Plaintiff’s account in the name of Defendant B in the amount of KRW 15 million on April 14, 2003, 2000,000,000
5. A total of KRW 53 million, including KRW 18 million, KRW 16 million, and KRW 4 million, was remitted.
2. The parties' assertion and judgment
A. The Plaintiff’s assertion (i) the sales contract on the O land between the primary Plaintiff and the Defendants was rescinded at the Plaintiff’s request.
After that, Defendant B requested the payment of the purchase price by selling the new parcel of land he purchased as the sale price, and the Plaintiff delegated the purchase price of land in Kimhae-si to this response, and remitted KRW 53 million to Defendant B’s account as seen earlier.
However, since the Defendants did not purchase land, the Plaintiff’s delegation agreement with the Defendants.