1. The plaintiff's claim is dismissed.

2. The motion for intervention by the Intervenor joining the Defendant is dismissed.

3. Of the costs of lawsuit.

1. Basic facts

A. On July 17, 2013, the Plaintiff, as a licensed real estate agent, arranged a lease agreement (hereinafter “instant lease agreement”) and received a lease deposit from a lessee to the lessor and delivered it to the lessor.

Accordingly, the Plaintiff received 35,00,000 won out of the lease deposit from the lessee, and remitted it to the account under the name of the Defendant, the spouse of the Intervenor, upon the request of the said lessor.

B. However, as the Intervenor’s Intervenor did not deliver the leased object to the lessee at the agreed date, the instant lease agreement was rescinded.

Accordingly, the Plaintiff returned to the lessee the above KRW 35,00,000, but the Intervenor joining the Defendant was returned to the Plaintiff only KRW 5,000,00.

C. Meanwhile, the Plaintiff filed a criminal complaint against the Intervenor joining the Defendant on the grounds that he/she received the instant lease deposit and embezzled part of the deposit.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The Intervenor joining the Defendant asserts that the Defendant is interested in the outcome of the instant lawsuit, since he/she is not the Defendant but the obligor who pays to the Plaintiff KRW 35,00,000, which the Plaintiff returned to the lessee as a lessor of the instant lease agreement.

In order to intervene in a lawsuit to assist one of the parties in a specific litigation case, there must be an interest in the result of the lawsuit in question, and the term "interest" refers to a legal interest, not a de facto economic or emotional interest but a legal interest, which is subject to res judicata or executory power of the judgment in question, or even if the judgment does not directly affect the effect of the judgment in question, at least on the premise of the judgment.