1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On October 3, 2015, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with C and C, setting the lease deposit of KRW 78 million and the term of lease from October 12, 2015 to October 12, 2017 (hereinafter “instant lease agreement”).

B. C is a licensed real estate agent, and C entered in the instant lease agreement as a practicing licensed real estate agent, and C also provided the Plaintiff with a certificate of confirmation, explanatory note, and certificate of mutual aid in the name of the president of the Association.

C. At the time of the instant lease agreement, the right to collateral security (hereinafter “instant right to collateral security”) was established on the instant housing with the maximum debt amount of 62,400,000 won, and C agreed to cancel the remainder payment under the instant lease agreement, but C did not perform that duty.

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

2. The assertion and judgment

A. The Plaintiff’s assertion C is a licensed real estate agent who arranged the instant lease agreement. Although it was difficult to conduct a normal transaction due to the establishment of the instant mortgage, the instant housing was induced to enter into the lease agreement by explaining that the instant housing was safe. After entering into the instant lease agreement, it was necessary to take measures to cancel the registration of the establishment of the instant neighboring mortgage as stipulated in the instant lease agreement at the time of payment of the remainder.

Even after the expiration of the term of the instant lease agreement, the Plaintiff is not entitled to refund KRW 78 million. Therefore, the Defendant, who is a mutual aid contract, is obliged to pay the Plaintiff KRW 78 million as compensation for damages.

B. Article 2 subparagraph 1 of the Licensed Real Estate Agent Act provides that the term "mediation" means sale, exchange, lease and other acts concerning acquisition, loss and transfer of rights between parties to a transaction regarding the object of brokerage.