1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit shall be borne by the Plaintiff, including the costs incurred by participation.

1. Basic facts

A. On June 12, 2015, the Plaintiff entered into a lease agreement with D on June 12, 2015, setting the lease term as KRW 85,000 (hereinafter “instant lease agreement”) with respect to the building E, 101 Dong 4002 (hereinafter “instant real property”) in Seo-gu, Incheon (hereinafter “instant real property”) from July 10, 2015 to July 9, 2016, and resided in the instant real property.

At the time, the instant real estate was set up a collateral security (hereinafter “instant collateral security”) with the maximum debt amount of KRW 297,700,000, which is the mortgagee, Dongyang Life Insurance Co., Ltd., the debtor D, the maximum debt amount.

B. On November 3, 2015, upon application of the Dongyang Life Insurance Co., Ltd., a decision to commence a voluntary auction on the instant real estate was made (Seoul District Court F) and a distribution schedule was prepared to distribute KRW 214,202,614 (the pertinent tax) to Seo-gu Incheon Metropolitan City, which is the delivery authority (the pertinent tax), the amount to be actually distributed on October 18, 2016, KRW 184,600, and KRW 214,017,974 (the principal amount of KRW 229,00,000 and interest KRW 38,59,333, total of KRW 267,59,333,59,3333).

C. Meanwhile, the Defendant is a mutual aid business entity established to guarantee the broker’s liability for damages pursuant to Article 42 of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act (hereinafter “Licensed Real Estate Agents Act”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The supplementary intervenors, a licensed real estate agent, at the time of conclusion of the instant lease agreement, set the collateral security amount of KRW 297,700,000 on the instant real estate to the Plaintiff at the time of the conclusion of the instant lease agreement, but the market price of the real estate is KRW 85,00,000,000 as the lease deposit and the actual secured debt amount of KRW 229,000,000,000.