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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant is a licensed real estate agent running the D Licensed Real Estate Agent Office in Yangyang-si, Nam-si.
B. On September 1, 201, E entered into an apartment supply contract (sale) with the original General Construction Co., Ltd. (hereinafter “original General Construction”) with the content that the F apartment 107 Dong 902 (hereinafter “instant apartment”) was sold in 359,50,000 won in Namyang-si (hereinafter “instant apartment”). On September 2, 201, E entered into a lease contract with G by setting the deposit money for the instant apartment between G and G as the Defendant’s intermediary to be KRW 115,00,000,000, and the lease period from October 4, 2011 to October 3, 2013 (hereinafter “instant lease contract”).
C. At the time of mediating the instant lease contract, the Defendant presented to G an apartment supply contract (sale) in which the supplied amount is KRW 359,500,000, and also explained that the ownership transfer registration of the instant apartment is not completed in the future E, and that E is a plan to obtain a loan from financial institutions as collateral for the instant apartment.
Such contents are reflected in the lease contract of this case. G and E set forth that “E has borrowed 60% (principal 219,000,000) of the supply amount of the apartment of this case as security, and G shall make a move-in report after registering the E registry on the apartment of this case as the special terms of the lease contract of this case.”
Accordingly, on October 4, 2011, E created a right to collateral security of KRW 259,200,000 with respect to the instant apartment and received a loan of KRW 216,00,000 from the said bank at the time of completing the registration of ownership transfer, and at the same time, G completed the move-in report on October 19, 201.
Since then, the lease contract of this case was terminated by the Do of the lease period, and the lease contract of this case was terminated on October 22, 2013 upon the application of the Korea Housing Finance Corporation that received the loan claim against the Korea Housing Finance Corporation under the condition that E did not refund the lease deposit to G.