1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 19, 2017, the Plaintiff drafted a lease agreement with regard to the registration deposit amounting to KRW 55,000,000, and the term of the lease as from December 23, 2017 to December 22, 2018 (12 months) with respect to the Seongbuk-gu Etel F (hereinafter “instant officetel”).

(hereinafter “instant lease agreement”). B.

The Plaintiff filed a move-in report with the instant officetel as of December 26, 2017 and obtained a fixed date. Around May 2018, the Plaintiff, a partner company, decided to reside in the instant officetel, and the Defendant, as the lessee, entered into a lease agreement with the same content as the instant lease agreement.

C. The Defendant obtained a fixed date as of May 15, 2018, and deposited KRW 55,000,000 out of the lease deposit as of July 24, 2017 to the Plaintiff’s account. The remainder of KRW 50,000,000 was to be transferred to the Plaintiff by the end of 2018.

On the other hand, the fact that the above C was a licensed real estate agent, even though it was not authorized by D to conclude a lease agreement on the instant officetel and to receive a deposit, it was done as if the agent was delegated with the authority, and it was deceiving the Plaintiff and received a deposit from the Plaintiff.

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

2. The allegations and judgment of the parties

A. (1) The Defendant agreed to take over the rights and obligations of the lessee under the instant lease agreement from the Plaintiff. As such, the Defendant is obligated to pay to the Plaintiff the amount payable KRW 50,000,000,000, and delay damages therefrom.

Even if the acquisition of a contract between the plaintiff and the defendant is not effective, the defendant was financed with the amount of the lease deposit from the plaintiff while entering into a new lease contract, so the defendant paid the above money.