1. The plaintiff's claim is dismissed.

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

Basic Facts

On January 2013, the Plaintiff agreed to acquire ownership of the instant real estate from D, the owner of the building 504 (hereinafter “instant real estate”) in Nam-gu, Incheon, Nam-gu, Incheon (hereinafter “instant real estate”).

On May 11, 2013, the Plaintiff entered into a lease agreement that leases the instant real estate to F with the term from May 31, 2013 to May 30, 2016, as a broker of the Defendant, a licensed real estate agent, for a lease deposit of KRW 35 million, monthly rent of KRW 1750,000,000, and the term from May 31, 2013 to May 30, 2016.

hereinafter referred to as "first lease".

As the terms and conditions of the lease agreement, “the down payment and balance before the transfer of ownership are agreed to be kept by the broker,” and the Plaintiff agreed to change the use of the instant real estate so that F may operate a private teaching institute in the instant real estate.

On May 27, 2013, according to the Defendant’s brokerage, only the lessor, who is the owner of the instant real estate, and the lessee F, entered into a lease agreement with the same terms and conditions as the first lease (hereinafter “the second lease”), and the second lease agreement was made by the Defendant, the broker, as the broker, to keep the lease deposit.

Around that time, the defendant received the lease deposit of KRW 35 million from F and paid the above money to D.

On July 29, 2013, the registration of the establishment of the commercial building lease with the lessee F was completed.

The Plaintiff completed the registration of transfer of ownership in the name of G on August 5, 2013.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 1, and the purport of the whole pleadings by the plaintiff alleged by the parties concerned, the defendant is the actual owner of the real estate of this case, and the plaintiff is obligated to pay the lease deposit received from F under the first lease agreement to the plaintiff without the plaintiff's consent.