1. Defendant B shall pay to the Plaintiff KRW 195,00,000.

2. The plaintiff's claims against the defendant C and D are all dismissed.

Basic Facts

Defendant B is the owner of No. 202 of the second floor of the building located in Yongsan-gu Seoul Metropolitan Government (hereinafter referred to as “instant house”), and Defendant C is the same student of Defendant B.

On September 6, 2010, the Plaintiff entered into the lease agreement in the form of a lease agreement with Defendant C, the agent of Defendant B, from November 15, 2010 to November 14, 2012, and with respect to the instant house, the lease agreement in the form of a lease agreement with the deposit money of KRW 195 million (hereinafter “the lease agreement in the instant case”). However, as long as there was no agreement on the payment of the lease in the instant lease agreement and the registration for the establishment of a lease on a deposit basis thereafter, the legal nature of the lease agreement in the instant lease agreement constitutes a lease agreement.

B. Defendant D mediated the instant lease contract as a licensed real estate agent.

On November 15, 2010, the Plaintiff paid all of the instant key money to Defendant C and received the delivery of the instant house from Defendant C.

On September 9, 2010, in the name of Defendant B, the power of attorney attached to Defendant B’s certificate of personal seal impression (hereinafter “the power of attorney of this case”) stating that “as to the instant housing, Defendant C delegate the authority to establish the right of lease on a deposit basis with the amount of KRW 195 million for lease on a deposit basis.”

On November 19, 2010, the Plaintiff registered the establishment of chonsegwon (hereinafter “registration of chonsegwon”) on the instant housing on November 19, 2010 due to a lease agreement signed on November 15, 2010.

On the other hand, regarding the instant house, there was a senior collateral security (hereinafter “priority collateral security”) with the debtor C, the mortgagee C, the second Saemaul Depository, the maximum debt amount, KRW 650 million, which was set up on June 30, 2010.

[Ground] Facts without dispute, Gap's statements in Gap's 1 through 4 (including the number of branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings, as to the claim against defendant B, the plaintiff's assertion that defendant B delegated the right to conclude the lease contract of this case to defendant C, and is not so.