beta
Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. (1) B, such as the conclusion of a lease agreement on the instant officetel, is a licensed real estate agent who operated the “D” in subparagraph 114 of the Gyeyang-gu Incheon Metropolitan City C. A Dong 114.
The plaintiff requested B to act as an agent for the monthly rent rental contract of small deposit deposit was delegated by E with respect to the Incheon Gyeyang-gu, Incheon, B, 1405 (hereinafter “the instant officetel”).
B, however, by deceiving the Plaintiff as if he was delegated the authority to substitute for the lease contract on a deposit basis and to receive the deposit for the lease on a deposit basis, the Plaintiff and the Plaintiff entered into a lease agreement with respect to the instant officetel from January 5, 2009 to January 4, 201, with a deposit amount of KRW 42,00,000,000 as the deposit money, and acquired by deception from the Plaintiff as the deposit money.
B was prosecuted on the above facts of crime, etc. and sentenced to five years of imprisonment at the Incheon District Court on February 19, 2014, and the judgment became final and conclusive as it is.
(In August 30, 2011, the Incheon District Court filed a lawsuit against the Plaintiff seeking unjust enrichment due to the delivery and unauthorized occupation of the instant officetel (Seoul District Court 201Gadan83072). On May 17, 2012, the said court rendered a judgment against the Plaintiff citing the Plaintiff’s claim on the ground that the Plaintiff has no legitimate title to occupy and use the instant officetel.
Accordingly, the Plaintiff appealed as Incheon District Court 2012Na13095, but the above court rendered a judgment dismissing the Plaintiff’s appeal on January 18, 2013, and the above judgment became final and conclusive as it is.
B. (1) The Defendant is established to guarantee liability for damages to the transaction party by causing property damage to the transaction party by intention or negligence by a mutual-aid policyholder, who is a real estate broker, while performing real estate brokerage.