The Plaintiff

A. Defendant B shall pay KRW 25,00,000 and a rate of 12% per annum from August 24, 2020 to the date of full payment.

1. Facts of recognition;

A. On October 8, 2018, the Plaintiff, a licensed real estate agent, concluded a lease agreement (hereinafter “instant lease agreement”) with Defendant B by setting the lease deposit amount of KRW 45,00,000, and the term of lease from October 9, 2018 to October 8, 2020 with respect to the multi-family house E on the ground (hereinafter “instant building”).

B. The Plaintiff paid to Defendant B the sum of KRW 45,00,000,000 on October 8, 2018, and KRW 14,000,000 on October 9, 2018, as the lease deposit under the instant lease agreement, and received KRW 45,00,000 from Defendant B on October 9, 2018. The Plaintiff completed the move-in report to the said domicile on October 17, 2018, and obtained a fixed date.

C. At the time of the conclusion of the instant lease agreement, the establishment registration of a neighboring mortgage was completed with respect to the instant building and site as of April 11, 2016, with the maximum debt amount of KRW 910,000,000,000, and the debtor, Defendant B, and the mortgagee G-mortgage, and Defendant C issued to the Plaintiff, stating the “the right matters regarding the articles not publicly notified of the actual relation of rights or the right matters regarding the article not publicly notified” in the “the description on confirmation of the object of brokerage” as “the senior deposit of KRW 160,00,00

On June 18, 2019, with respect to the building and site of this case, the voluntary auction procedure was initiated as H with the Seo-gu District Court Branch of Seo-gu District Court (hereinafter “instant auction procedure”), and the Plaintiff, as a lessee, demanded a distribution as to the deposit for lease.

E. In the instant auction procedure, the instant building and site were appraised in KRW 1,184,989,450, and the bid was awarded in KRW 1,537,50,000 on June 11, 2020, and the sale price was fully paid on July 8, 2020, and the purchaser’s ownership was transferred.

F. At the time of the execution of the instant auction procedure, the prior lessee, who completed the move-in report on the instant building at the time of the conclusion of the instant lease agreement, and received the fixed date, shall be 13 persons