A. On September 16, 2015, Defendant D entered into a real estate security trust agreement with the purport that he/she trusted F apartment G (hereinafter “instant apartment”) of the Jeonsung-gun, Jeonsung-gun, Seoul (hereinafter “E”), which he/she owns, and completed the registration of ownership transfer on the ground of trust with respect to the instant apartment on September 22, 2015.

B. On December 11, 2017, the Plaintiff, a licensed real estate agent, concluded a lease agreement with Defendant D of the first instance trial, under which the Plaintiff leased the instant apartment from Defendant D of the first instance trial for the lease deposit of KRW 10 million, monthly rent of KRW 100,000,000 from January 6, 2018 to January 5, 2020 (hereinafter “instant lease agreement”).

Of the terms and conditions of the instant lease agreement, the deposit of down payment, balance, monthly rent shall be made in the column of the Special Agreement. All matters concerning rights, such as a contract and balance, shall be borne by the owner D wholly. (Omission).” In the lower part of the instant lease agreement, the address, registration number, and trade name of E are written on the name side of the “joint titleholder”.

On the other hand, "I" attached to the lease agreement of this case includes the trade name, registration number, and address of E as a matter of ownership of the apartment of this case, and the name, date of birth, and address of the defendant D of the first instance court.

C. On December 11, 2017, the Plaintiff paid KRW 100,000,000 as lease deposit to Defendant D of the first instance trial and KRW 9 million on January 5, 2018, respectively.

Meanwhile, the Defendant Association concluded a mutual aid agreement on the liability for damages arising from the mediation of Defendant B, setting the period of mutual aid between February 18, 2017 and February 17, 2018, as a mutual aid business entity with Defendant B.

[Ground of recognition] Facts without dispute, Gap 1 through 5 evidence, each entry of Eul 1 and the purport of the whole pleadings

2. Determination

A. The liability for damages is established, Article 25 of the Licensed Real Estate Agents Act.