On September 29, 2011, Defendant B leased the lease deposit amount of KRW 85 million and KRW 4,30,000,000 per month in Suwon-gu D apartment Nos. 1512, 602 (hereinafter “instant apartment”) (hereinafter “instant apartment”), which is a public rental housing owned by the Korea Land and Housing Corporation.

(hereinafter “instant lease agreement”). Defendant C introduced the instant apartment to the Plaintiff on May 2016, and on May 10, 2016, the Plaintiff entered into a sub-lease agreement (hereinafter “sub-lease agreement”) with the deposit for sub-lease as to the instant apartment as KRW 90 million (hereinafter “sub-lease agreement”).

The following contents are specified in the special agreement of the sub-lease contract of this case:

The above house is a public rental apartment of LH with the consent of sub-lease, but the lessee can not make a move-in report and a fixed date without the consent of sub-lease to LH.

On June 24, 2016, the Plaintiff paid KRW 90 million to Defendant C, and Defendant C issued a promissory note with the face value of KRW 90 million, which is the same amount as the deposit of the instant sub-lease contract, to the Plaintiff on June 24, 2016, and notarized it on July 6, 2016.

Defendant C is a licensed real estate agent affiliated with the Defendant Korean Licensed Real Estate Agent Association (hereinafter “Defendant Association”).

On May 19, 2017, the Korea Land and Housing Corporation notified Defendant B of the termination of the instant lease agreement, and requested the Plaintiff to withdraw.

[Reasons for Recognition] Each entry in Gap's evidence Nos. 1 through 6, and judgment as to the claim against defendant C as a whole

A. As Defendant C, even though he was aware that the apartment house of this case was not sub-leased, had the Plaintiff deceiving the Plaintiff and caused damages equivalent to the deposit for sub-lease of this case, Defendant C is obligated to pay the Plaintiff the damages amounting to KRW 90 million due to the tort and the damages for delay.

B. Article 208 of the Civil Procedure Act is applicable to the judgment based on the constructive admission.