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Defendant B’s KRW 110,00,000 and annual interest thereon from September 20, 2018 to February 1, 2020, respectively, to the Plaintiff.
Reasons
1. Summary of the plaintiff's assertion
A. The Plaintiff, as the representative of Defendant B, leased the Gyeonggi-do Eunpyeong-gun G Building H (hereinafter “instant 1 real estate”) as a security deposit of KRW 150 million.
B. In order to prevent the instant real estate from being transferred to Defendant C as a temporary date, Defendant B reported temporary transfer of ownership in order to prevent the said real estate from being transferred to an auction, and the Plaintiff filed a report of transfer, and the Plaintiff prepared a sales contract on the land Jho-gun, Gyeonggi-do, and one parcel on the ground (hereinafter “instant real estate 2”) for the security of deposit money.
C. On September 29, 2018, the Plaintiff prepared a lease agreement with the Plaintiff’s spouse M as the lessee on September 29, 2018 for the purpose of securing KRW 50 million among the security deposit after the lease term expires. D.
On June 5, 2017, the instant real estate was transferred to Defendant C with ownership. On November 13, 2017, the Plaintiff leased the instant real estate No. 1 from Defendant C with a deposit of KRW 60 million, and from November 29, 2017 to November 28, 2019, the Plaintiff again leased the said real estate with a deposit of KRW 60 million. On September 13, 2018, the Plaintiff completed the move-in report on the said real estate on September 13, 2018, the maximum debt amount of KRW 442,00,000 and the mortgage of KRW 208,000 was established.
E. The real estate Nos. 2 and 3 of the instant case is not owned by Defendant B, and thus, the Plaintiff cannot secure the security deposit to be received. The real estate No. 1 of the instant case also lacks to redeem the Plaintiff’s security deposit before the Plaintiff completed the move-in report. However, Defendant B and Defendant C deceiving the Plaintiff, thereby inducing the Plaintiff to file a move-in report and enter into the said contract thereafter.
In addition, Defendant E knowingly acted as a broker for the instant contract, and Defendant D as an employer of Defendant E, with knowledge of such deception.