Defendant B’s KRW 270,00,000 for the Plaintiff and the following: 5% per annum from March 6, 2020 to June 10, 2020 for the Plaintiff.

1. Basic facts

A. Defendant C is a certified intermediary who received a request from the Plaintiff for the brokerage of the lease agreement with Defendant B, and Defendant D is a certified intermediary who received a request from the Plaintiff for the brokerage of the lease agreement with the North-gu E apartmentF head (hereinafter “instant apartment”).

B. Defendant B purchased the sales right of the instant apartment, and the sales price was KRW 350 million, and the down payment was paid in KRW 35 million.

(c)

On February 28, 2020, the Plaintiff entered into a lease agreement between Defendant B and the instant apartment on February 28, 2020 with regard to the lease deposit of KRW 270 million (payment of KRW 27 million on the day of the contract, the remaining amount of KRW 243 million on March 6, 2020) and the term of lease from March 6, 2020 to March 5, 2022 (hereinafter “the instant lease agreement”).

As a special agreement, the term "a lease in the current status of the right of sale, and a contract after confirmation of the contract for sale in lots is concluded. Any balance of intermediate payment loan and balance are repaid to maintain one priority during the term of lease (which does not include any additional establishment on this real estate during the term of lease)."

피고 C 등이 원고에게 교부한 중개 대상물 확인 설명서에는 현 분양권 상태의 계약이고(⑨ 항), 중도금 대출이 실행 중(② 항) 이라는 점이 기재되어 있다.

(d)

The Plaintiff paid KRW 27 million to Defendant B on the day of the contract under the instant lease agreement (including KRW 2 million in advance paid on February 27, 2020). E. On March 6, 2020, the remaining payment date, the Plaintiff transferred the remainder amount of KRW 243 million to Defendant G bank account (H) in Defendant B’s bank account.

In that sense, Defendant B did not pay the remainder of the lease deposit to the Plaintiff, but did not pay the intermediate payment loan and the remainder, and did not deliver the instant apartment to the Plaintiff.

F. Defendant B was prosecuted for committing the crime of deceiving the Plaintiff and deceiving the amount of the deposit money for lease from the Plaintiff, and the Daegu District Court.