1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff’s real estate brokerage business and the Plaintiff entering into a lease agreement between the Defendant was a licensed real estate agent H’s office engaging in real estate brokerage business under the name of “D Licensed Real Estate Agent,” and the Defendant was a person who entered into a lease agreement through the above licensed

On June 27, 2014, the Defendant concluded a lease agreement with regard to 202 units of the studio in Ulsan-gu, Ulsan-gu, with the Plaintiff’s provision of real estate brokerage services (hereinafter “instant studio”) with respect to the lessor G, the deposit for lease of KRW 55,000,000, and the lease term from July 1, 2014 to June 30, 2015 (hereinafter “instant lease agreement”).

Then, around June 30, 2014, the Defendant paid KRW 55,000,000 to G via the Plaintiff, and paid KRW 240,000 in return for the above real estate brokerage service to the Plaintiff.

B. In the instant dispute over the room room of this case, F, the owner of the real estate injury of the room room of this case, asserted that it was the owner of the said room room building on October 28, 2014, and filed a lawsuit against the Defendant, etc., who was residing in the said room as the lessee, claiming that it was the owner of the said room room building, the Ulsan District Court 2014Gahap18335 (hereinafter “relevant lawsuit”).

C. The Plaintiff paid KRW 55,240,000, equivalent to the deposit for lease and brokerage commission under the instant lease agreement, on August 25, 2014, and KRW 25,240,000, which is the amount equivalent to the deposit for lease and brokerage commission under the instant lease agreement, to the purport of compensating for damages arising from the dispute over the studio of this case that he/she arranged to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 4, 6 through 10, Eul evidence 1, Eul evidence 2-1, 2, Eul evidence 3 and 4, Eul evidence 3 and 4, part of witness I and the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion is the Plaintiff, G or F.