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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The judgment of the court of first instance.
Reasons
1. Basic facts
A. Codefendant A (hereinafter “A”) of the first instance trial as the party status, as a licensed real estate agent, operated the F Licensed Real Estate Agent Office (F Licensed Real Estate Agent Office) located in Kim Sea-si.
On June 28, 2013, the Plaintiff entered into a mutual aid agreement with A, setting the mutual aid amount of KRW 100,000,000, and the period of mutual aid from June 29, 2013 to June 28, 2014, which guarantees the client’s property damage due to the brokerage error.
B. 1) D Co-Defendant B of the first instance trial (hereinafter “B”) as a broker of A on July 30, 2013.
B) As regards the building B, the building of this case is 137.5 m2, each of the three-story detached houses and the two-class neighborhood living facilities 1 to 3 floors (hereinafter “the building of this case”).
2) Of the two floors, approximately KRW 68.7 square meters (201 square meters in the contract; hereinafter “201 square meters”) on the front part of the second floor.
As to the lease deposit, the lease contract (hereinafter “instant lease contract”) is set at KRW 75,00,000, and the term of lease from August 4, 2013 to August 3, 2015 (hereinafter “instant lease contract”).
(2) A entered into the instant lease agreement. A presented to D a copy of the register of the instant building issued on July 30, 2013 at the time of the instant lease agreement.
In the upper end of the above copy of the register, it was stated as follows: “The building of this case is in the process of receipt of an application for registration of the establishment of chonsegwon (Receipt Number No. 87118), the registration office of the establishment of chonsegwon (Receipt Number No. 87119) and one other.”
At the time of conclusion of the instant lease agreement, the Defendant served as a broker assistant at the above Licensed Real Estate Agent Office operated by A.
3) However, according to the application for the registration of the establishment of chonsegwon, which was received and processed with respect to the instant building at the time of the instant lease agreement, as to 201 square meters, which was the 76 square meters of the 2nd floor residential building of the instant building, D (i.e., the registration of the establishment of chonsegwon, which was completed from July 29, 2013 to July 28, 2015, under the Act No. 87120, Jul. 29, 2013, as to H and 100,000,000 won for lease deposit, and the duration of the instant lease, was completed.