A. Defendant B’s status is a licensed real estate agent who operates a real estate brokerage office in Namyang-si, Namyang-si, and Defendant Korea Licensed Real Estate Agent Association (hereinafter “Defendant Association”) concluded a mutual aid agreement with the parties to the transaction to compensate for the damage within the limit of KRW 100 million where Defendant B intentionally or negligently inflicted property damage on the parties to the transaction in performing real estate brokerage.

B. On December 29, 2012, the Plaintiff entered into a lease agreement with Defendant B as the broker of Defendant B, setting the lease deposit amount of KRW 22 million, monthly rent of KRW 600,000,000,000 and KRW 1703 (hereinafter “instant real estate”) as the lease deposit, and the period from February 28, 2013 to February 27, 2015.

Defendant B, on the same day, made a written statement that the Plaintiff would be liable for the deposit amount of KRW 22 million on the same day with the date of the move-in report and obtain the fixed date.

The Plaintiff completed the moving-in report and the procedure for the fixed date on January 8, 2013, and paid to D deposits of KRW 10 million on January 25, 2013, and the remainder deposit of KRW 12 million on May 8, 2013.

(A) while the security deposit has been paid in KRW 10 million, the monthly rent was agreed to pay in KRW 700,000.

A voluntary auction was commenced on September 3, 2013 upon the application of the Korea Housing Finance Corporation, which was a collective security right to an auction and a collective security right to a distribution, on the instant real estate (F). In the distribution procedure of the instant case, the Plaintiff, as a small lessee on September 24, 2014, received a dividend of KRW 22 million equivalent to the instant lease deposit in the first order.

In this regard, the Gold Saemaeul Community Fund filed a lawsuit of demurrer against the distribution, and the judgment was rendered to revoke the instant lease agreement as a fraudulent act and correct the amount of the said dividend to the plaintiff as zero won (Seoul District Court Decision 2014Da116455 Decided September 16, 2015). The above judgment was finalized on October 2, 2015.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-3-5 evidence, 9-2, 10 evidence, Eul evidence 1-2, and the purport of the whole pleadings.