1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On March 4, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with C, setting the lease deposit amount of KRW 30 million from March 20, 2014 to March 19, 2016 (hereinafter “instant lease agreement”).

The Defendant, a licensed real estate agent, mediated the instant lease agreement.

B. At the time of the instant lease agreement, the loan of this case was registered in each of the following circumstances: (a) one of the collateral security claims and the claim amount of KRW 15,432,200,000 for the maximum debt amount of KRW 135,500,000 (the creditor A Capital Co., Ltd.).

C. On September 4, 2014, the Seoul Southern District Court rendered a voluntary decision to commence the auction of the instant loan on September 4, 2014 upon a request for auction by Nando Mutual Savings Bank, which is a mortgagee.

In the above auction procedure, the Plaintiff filed a report on rights as a person with preferential rights and demanded a distribution, and the above court prepared a distribution schedule that distributes 25 million won to the Plaintiff in the first order on July 31, 2015.

The U.S. Mutual Savings Bank, on the date of distribution, raised an objection to the distribution against the Plaintiff on the date of distribution, and filed a lawsuit of demurrer against the Plaintiff on the ground that the Plaintiff is a false lessee as Seoul Southern District Court 2015da40214 on the same day.

E. On December 18, 2015, while continuing to file a lawsuit of demurrer against distribution, the “decision in lieu of conciliation” became final and conclusive with the Plaintiff on December 18, 2015 with the purport that “the amount of dividend 25 million won against the Plaintiff is corrected to KRW 15 million, and the amount of dividend 91,125,889 won against the UN-do Mutual Savings Bank is corrected to KRW 101,125,889.”

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. Claim 1.