자동차운송사업면허 양도청구 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
C is the owner of D Apartment E (hereinafter “the apartment of this case”), and C’s son F, with the comprehensive delegation of C, was entirely entrusted with the conclusion of the lease agreement and the receipt of the lease deposit.
On January 10, 2017, the Plaintiff, a licensed real estate agent, entered into a contract for the lease of KRW 150,000,000 and the lease period from February 8, 2017 to February 7, 2019 (hereinafter “instant lease contract”).
At the time of the conclusion of the instant lease agreement, the instant apartment was established by the mortgagee G Co., Ltd., the debtor C, the maximum debt amount of 235,000,000 (hereinafter “instant apartment”). However, the Defendant, in mediating the conclusion of the instant lease agreement, agreed to the effect that “the conditions for repayment of loans when using the contract, can be verified on the register cancelled at the time of occupancy,” and the F agreed to the effect that “the Plaintiff shall obtain the lease deposit from the Plaintiff to repay the secured debt of the instant apartment and reduce the maximum debt amount of KRW 15,00,000.”
At the time of the conclusion of the instant lease agreement, the Defendant stated the special agreement (hereinafter referred to as the “instant special agreement”) as “a contract under the condition that the lessor will cancel all repayment of KRW 235,200,000 among the maximum amount of the claim amount of KRW 235,200,000,000.” The Plaintiff confirmed the registry of the instant apartment, and entered the confirmation statement of the object of intermediation attached to the lease agreement in the specification of confirmation of object of the instant apartment.
The Plaintiff transferred the down payment of KRW 15,00,000 to the HUnion account (I) around February 7, 2017, and KRW 55,114,200 around February 8, 2017, respectively.