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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts may be acknowledged either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1 to 5, and Eul evidence 1 to 3:
The defendant is a licensed real estate agent operating real estate brokerage business under the trade name of Yeonsu-gu Incheon Real Estate Agent in 109, and the plaintiff is a person who has concluded the following rental contract by requesting the defendant to act as a broker:
B. On April 20, 2010, the Plaintiff entered into a lease agreement. On April 20, 2010, the Defendant’s brokerage of the F apartment 10-dong 611 (hereinafter “instant apartment”).
(2) As to the instant apartment at the time of the said lease agreement, the registration of creation of a neighboring mortgage (No. 11) with the maximum debt amount of KRW 135 million and the registration of establishment of a neighboring mortgage (No. 13,000,000) with the Solomon Mutual Savings Bank, Solomon Mutual Savings Bank, Inc., was completed in the order of the maximum debt amount of KRW 39,000,000,000,000 for the instant apartment at the time of the lease agreement.
3) At the time of the lease agreement, the Plaintiff paid the down payment of KRW 5 million as the said contract date among the deposit 90 million for lease, and the Plaintiff agreed to cancel the entire amount of the collateral security (No. 13) that was made in the future of Solomon Mutual Savings Bank, Solomon Mutual Savings Bank, using the repayment of the remainder of KRW 85 million for the collateral security deposit with G, E, and reduce the maximum debt amount to KRW 70 million. C. The Plaintiff paid the remainder payment and the partial cancellation of the collateral security (No. 11) on June 2, 2010, KRW 5 million for the remainder of KRW 85 million, which was brought by G, and the remainder of KRW 85 million, which was kept by the Defendant on a temporary basis with the consent of G.
2) The Defendant, along with G around June 3, 2010, left Mancheon Agricultural Cooperative (hereinafter referred to as “Seoul City Agricultural Cooperative”) located in Incheon City, Incheon.