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1. The defendant's appeal and the plaintiff's incidental appeal are all dismissed.
2. Costs arising from an appeal and an incidental appeal shall be respectively.
Reasons
1. Basic facts
A. The Defendant, as a licensed real estate agent, operated the real estate brokerage office under the trade name of Guro-gu Seoul Metropolitan Government Licensed Real Estate Agent Office.
B. The Plaintiff owned C-dong No. 208 208 (hereinafter “instant real estate”) among the three-story row housing of the steel bars C-dong (hereinafter “instant real estate”), which was constructed on the land outside Korea, Guro-gu Seoul, and two parcels. However, around April 201, the Plaintiff requested the Defendant to sell the said real estate and intermediate the sale thereof.
C. On May 5, 2011, the Plaintiff and Nonparty F sold the instant real estate at KRW 240 million between the Plaintiff and Nonparty F, but the down payment of KRW 20 million was concluded at the time of the contract, the intermediate payment of KRW 160 million was the buyer’s acceptance of the secured debt of the right to collateral security established on the instant real estate. The remainder of KRW 60 million was paid on June 21, 201, and the real estate sales contract was concluded at the time of the third party designated by the buyer for the transfer of ownership (hereinafter “the instant first sales contract”).
(However, at the time, the Plaintiff signed and sealed the blank contract, the blank delegation letter, and the blank receipt. (D) At the time, the Plaintiff signed and sealed the Defendant.
Since then, the buyer renounced the first sales contract of this case because the buyer F's balance is difficult to prepare.
After returning the down payment of KRW 20 million to F, the Defendant re-exploited G as the buyer of the instant real estate.
In addition, on May 20, 201, the Defendant entered into a sales contract with G to sell the instant real estate in KRW 290 million with G by using a blank contract received from the Plaintiff and a blank delegation contract (hereinafter “the instant secondary sales contract”).
(However, the sales contract was made up of KRW 300,000,000,000.
The plaintiff is a down payment of KRW 20 million received from the defendant at the time of the first sale contract of this case.