1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed, respectively.

2. Of the costs of lawsuit.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is the owner of the 7th floor D (hereinafter “instant building”) of the member-gu Seoul Officetel in Ansan-si (hereinafter “Ctel”).

E is a licensed real estate agent of the “G Licensed Real Estate Agent Office” located in Ctel F, and H is a brokerage assistant of the “G Licensed Real Estate Agent Office”.

B. The Defendant decided to lease the instant building with the introduction of E and H.

On February 7, 2018, the Plaintiff: (a) from the E and H, the lessor, the lessee, the rental deposit of KRW 60,000,000,000 for the instant building; and (b) from March 1, 2018 to March 1, 2019, the date of preparation was February 7, 2018; and (c) issued an officetel lease agreement (Evidence 2; hereinafter “the instant lease agreement”) with the Plaintiff’s name and seal affixed to the lessee; and (d) signed and sealed the instant lease agreement.

(hereinafter, the lease contract stated in the instant lease contract is deemed to be “the instant lease contract”).

The Defendant wired the sum of KRW 20 million to E as the name of the instant lease deposit, KRW 30 million on February 7, 2018, KRW 30 million on February 8, 2018, KRW 60 million on February 27, 2018, and KRW 28 million on February 27, 2018.

On March 5, 2018, the Plaintiff occupied and resided in the instant building, and delivered it to the Plaintiff on June 9, 2019.

E. H was indicted as to the number of rooms, including the instant building, of the “Ctel” as to the following facts: (a) as if the lessor was delegated the authority to conclude a lease contract by the lessor; (b) concluded a lease contract with the lessee; and (c) acquired the deposit money by fraud, etc., in Suwon District Court’s Ansan Branch 2019 Godan1234.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, Eul evidence Nos. 2, 3, and 4 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination on the main claim

A. The plaintiff's assertion is the owner of the building of this case, and the defendant is not delegated with the conclusion of the lease contract by the plaintiff, E, H, etc.