2. The costs of lawsuit shall be borne by the Plaintiff.

In the first place, the Plaintiff acquired the right of lease from D Apartment 202, 2112, 202, and 2112 (hereinafter “instant apartment”) located in Sejong Special Self-Governing City as the Defendant’s brokerage, and paid KRW 10,70,000 as the lease deposit, and KRW 40,000 as the premium to the Defendant.

However, C was not able to transfer the right of lease to the Plaintiff because there is no reason for the lease transfer as determined by the Korea Land and Housing Corporation.

The plaintiff paid the above money to the defendant for the purpose of taking over the right of lease, so long as the right of lease is not transferable, there is no legal ground to hold the above money.

Preliminaryly, the Defendant, despite being aware that C is unable to transfer the right of lease, had the Plaintiff induce the Plaintiff to acquire the right of lease, and received KRW 50,77 million from the Plaintiff.

Since this is by deception, the defendant should compensate for the damages suffered by the plaintiff.

2. Determination

A. Under C’s authority to subscribe for rental apartments located in Sejong Special Self-Governing City, E entered into a lease agreement with the Korea Land and Housing Corporation with respect to the instant apartment in the name of Sejong Special Self-Governing City. (2) E sold the right of lease to the Plaintiff as a broker of the Defendant while the buyer was in physical color in order to acquire and transfer the right of lease of the instant apartment.

3. On February 27, 2012, the Plaintiff, as part of the lease deposit for the instant apartment, was awarded to the Defendant KRW 10,77 million as a premium and KRW 40,000,000 as a premium, and the Defendant offered the remainder KRW 42,70,000 to E among the said money as its brokerage commission.

Since then, when the above right of lease cannot be transferred, the defendant has received a brokerage commission from the plaintiff.