1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Basic Facts

E and Defendant B jointly owned the Eunpyeong-gu Seoul Metropolitan Government F apartment G (hereinafter “instant apartment”).

On October 22, 2013, E entered into a so-called consulting contract with Defendant C, a licensed real estate agent, stating that “The right to enter into the instant apartment contract is delegated to Defendant C, and Defendant C, by leasing the instant apartment, shall pay KRW 2 million to Defendant E, and shall be paid the excess of the deposit for lease as a fee.”

Defendant C entered into a small-sum lease contract with respect to the housing at which auction was imminent, and, through the demand for distribution, the exercise of lien, etc. of small-sum lessee, led to a bid at a low price, received a successful bid, and entered into a so-called consulting contract with the housing owner in such a manner as to receive large-amount fees from the housing owner, and entered into the said consulting contract with E for such purpose.

Around November 29, 2013, H, the Plaintiff’s spouse, concluded a lease agreement with Defendant E, via Defendant D, a licensed real estate agent, an employee of Defendant C, on the condition that “The instant apartment shall be leased by setting the deposit amount of KRW 3 million, monthly rent of KRW 800,000,000 from December 2, 2013 to December 1, 2015, but the rent shall be paid in advance for one year (hereinafter “instant lease agreement”).

At the time of the conclusion of the instant lease agreement, the registration of the establishment of a mortgage and three provisional attachment was completed on the instant apartment with the maximum debt amount of KRW 275.6 million, which is the mortgagee of the first stock company.

The Plaintiff paid KRW 3 million to Defendant B’s account on November 29, 2013 and December 2, 2013 under the instant lease agreement. On the other hand, on December 2, 2013, the Plaintiff transferred KRW 9.6 million, the annual rent of KRW 1,60,000, to Defendant B’s account. The said KRW 9.6 million was deposited to the Plaintiff’s account via J’s account on the same day.

The plaintiff and H are in the apartment of this case.