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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 36,00,000 and Defendant B with respect thereto from April 4, 2015.
Reasons
1. Facts of recognition;
A. On February 5, 2014, the Plaintiff: (a) leased the studio under Article 2501 of the Busan-gu Busan-gu building E (hereinafter “instant building”); (b) decided to lease the instant building F-owned building No. 1316 (hereinafter “instant studio”); and (c) on March 8, 2014, at the office of “H Licensed Real Estate Agent” in the Defendant G management office of the instant building No. 101 of the instant building, the lease deposit for the instant studio is KRW 60,000,000,000,000 in terms of a special agreement, and the deposit is to be deposited into H real estate” (hereinafter “instant lease agreement”).
D When the deposit is paid to the Plaintiff, the Plaintiff was given the cancellation of the registration of the establishment of the mortgage on the studio of this case with the maximum debt amount of KRW 53 million. Around that time, the Plaintiff received KRW 60 million from the Plaintiff.
(hereinafter “instant brokerage act.” The Plaintiff transferred the introduction fee of KRW 240,000 to C upon D’s request.
B. However, even if D received KRW 60 million from the Plaintiff as an unregistered intermediary assistant, it did not have the intent or ability to use it for the cancellation of the registration of the establishment of a neighboring mortgage. At will, at the same time, stated “H real estate agent B” in the broker column of the instant lease agreement and affixed Defendant B’s seal, and then issued the Plaintiff a certificate of mutual aid under the name of the Defendant B to the Plaintiff.
C. D was sentenced to six years of imprisonment for committing a crime, such as fabrication of private documents, uttering of a falsified investigation document, fraud, etc. In the case of Busan District Court Decision 2014Da8536, 2015 Godan8129 (consolidated), D was tried to use the establishment registration for the cancellation of the establishment of a mortgage even if the Plaintiff received the deposit from the Plaintiff.