1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Plaintiff is the lessee of Yeongdeungpo-gu Seoul Metropolitan Government D 102 Dong 606 (hereinafter “instant apartment”), and the Defendant is a licensed real estate agent who arranged the conclusion of the instant apartment lease agreement between the Plaintiff, B and C at the request of B, a co-owner of the instant apartment.

B. On June 21, 2013, the Plaintiff entered into a lease agreement with one of the co-owners of the instant apartment, and B representing other co-owners, with the content that the said apartment is to be leased KRW 650,000,000 (a contract deposit of KRW 150,000,000) on the date of the contract, and the remainder of KRW 500,000,000 was paid on the date of the contract, and the remainder of KRW 500,00,000 was to be paid on July 30, 2013 (hereinafter “instant lease agreement”). At the same time, B and C paid the remainder, at the same time, reduced the maximum debt amount of the establishment registration of the instant apartment to KRW 120,00,00 and cancelled the registration of the establishment and the registration of the seizure of the establishment of the fourth priority collective housing.

C. B did not notify the co-owner C of the fact at the time of entering into the instant lease agreement. On July 30, 2013, the Plaintiff (the Plaintiff and the actual resident E) received KRW 500,000,000 from the remainder of the lease deposit of the instant apartment from the Plaintiff (the Plaintiff and the actual resident), but did not use the remainder of the lease deposit of the instant apartment for other purposes, but did not perform the instant lease agreement for other purposes.

B was prosecuted for the fact that the Plaintiff acquired the remainder of the lease deposit amount of KRW 500,00,000 by payment from the Plaintiff even though he did not have the intent or ability to cancel the right to collateral security established on the instant apartment, such as the instant lease agreement, and was sentenced to the Seoul High Court (2014No2125) through November 20, 2014, and was sentenced to imprisonment with prison labor for a period of one year and six months for the crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) from Seoul High Court (2014No2125). However, B appealed to the Supreme Court (2014Do16484) on February 12, 2015