1. The plaintiff's claim against the defendants is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On July 16, 2014, the Plaintiff, who entered into a lease agreement, leased Nonparty D (hereinafter “Nonindicted Party”) with Nonparty 101 Dong 4503 (exclusive use area: 112.36 square meters; hereinafter “instant apartment”) owned by the Nonparty for deposit KRW 90 million and for the term of August 15, 2015, the Plaintiff completed the move-in report and the fixed date on August 201 of the same year.

On the other hand, Defendant B is a broker who arranged a lease contract at the request of the Nonparty, the lessor, and Defendant C is a broker who arranged the lease contract at the request of the Plaintiff, the lessee.

On August 25, 2014, the Plaintiff paid KRW 700,000 to Defendant C as a brokerage commission.

B. The apartment of the instant apartment was set up with the maximum debt amount of KRW 396 million, and the senior mortgage was set up by the National Agricultural Cooperative of the Republic of Korea, Inc., the mortgagee’s right to collateral security. However, according to the terms and conditions of the lease agreement, the prior collateral security was set

After that, on July 9, 2015, due to the non-party's delinquency in debt, the procedure of voluntary auction (F) for the application for the right to collateral security against the above apartment was initiated.

Accordingly, the plaintiff has the same year.

8. On the 19th day, the demand for distribution was made in the capacity of the lessee.

(2) The appraisal value of the above apartment was KRW 50 million (the base point of time: July 15, 2015), but the final bid price of KRW 350,100,000 was sold as of March 23, 2016. Ultimately, in the auction procedure, the Plaintiff was not paid a security deposit as a subordinate of the said right to collateral security (the claim amount: KRW 344,91,89) at the auction. [The Plaintiff did not have any dispute over a part of the grounds for recognition: the Plaintiff did not receive a distribution of the security deposit (the claim amount: KRW 344,91,89).”

2. The judgment on the cause of the claim is based on the following facts: (a) the market price of the apartment of this case where senior mortgage was established in the mediation of the lease contract by the Defendants, and (b) the Nonparty’s ability or intent to return the deposit was unknown or known, but not revealed in the real estate registration book.