A. The co-defendant A of the first instance trial (hereinafter “A”) concluded a lease contract with F, G, H, etc., and the facts are as follows: (a) although the Plaintiff did not enter into a lease contract with D apartment 2 and 403 (hereinafter “instant real estate”) owned by Gangseo-gu Seoul Metropolitan Government, Gangseo-gu, Seoul; (b) as if the Plaintiff entered into a lease contract with respect to the instant real estate and paid the lease deposit, the Plaintiff conspired to obtain a loan from a financial institution as collateral.

B. A, around September 2012, with a person misrepresenting C as the owner of the instant real estate, visited the Defendant’s real estate brokerage office located in Yangcheon-gu Seoul, and asked the Defendant, a licensed real estate agent, to prepare a charter contract for the instant real estate. The Defendant, upon receipt of a written confirmation of application for issuance of resident registration certificates issued on September 3, 2012 by the person misrepresenting C, issued a lease contract form, and issued a signature and seal to A, a lessee, and a lease term as to the instant real estate on September 4, 2014 by using the lease contract form. The deposit amount is KRW 190,000,000, which shall be KRW 20,000,000, which shall be paid at the time of the contract, and the remainder of KRW 170,000,000,000, which shall be paid on September 5, 2012.

The lease contract of this case contains a provision on the brokerage commission in the same text, and a licensed real estate agent prepared a confirmation description of the object of brokerage and delivered it to both parties to the transaction along with a copy of the business guarantee document (certificate, etc.).

C. A submitted the instant lease agreement to a new bank (hereinafter “new bank”) on September 10, 2012 (hereinafter “new bank”) and applied for a loan of the lease fund as security and applied for a loan of the lease fund from the new bank on September 17, 2012 from the new bank (hereinafter “new bank”) 80,000.