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. Facts of recognition;

A. Defendant B purchased a housing subscription savings certificate in the name of E, and entered into a lease agreement (hereinafter “instant lease agreement”) with the Korea Land and Housing Corporation on August 13, 2010, with the terms of a lease deposit of KRW 19,340,000 (in the case of the instant lease agreement, KRW 3868 million, remainder 15,4720,000), which is the publicly constructed rental house under the Rental Housing Act sold by the Korea Land and Housing Corporation, KRW 407,504,00,000,000 (hereinafter “instant lease agreement”).

B. On November 18, 201, the Plaintiff entered into a lease interest transfer or acquisition contract (hereinafter “instant contract”) with Defendant D and C, with the content that the Plaintiff would acquire the instant right of lease in KRW 18.68 million (in which case the premium is KRW 70 million) from the Defendant B, as an agent of Defendant D and C (hereinafter “instant contract”).

C. Accordingly, on November 16, 201, the Plaintiff deposited KRW 1 million in the account under the name of G, and delivered a cashier’s checks to Defendant C on November 18, 201, and deposited KRW 40 million in the account under the name of G on November 30, 201, and deposited KRW 58.68 million in the account under the name of Defendant D on December 9, 201.

In addition, on December 9, 2011, the Plaintiff paid KRW 3 million to Defendant D as a brokerage commission.

E. On May 14, 2013, the Korea Land and Housing Corporation notified that the instant lease contract will be terminated as of June 30, 2013 on the grounds that the lease contract was not occupied within the period of designation of occupancy (from November 30, 2012 to January 28, 2013). On August 21, 2013, the Korea Land and Housing Corporation deposited an amount equivalent to the said amount under the name of returning the down payment of the said lease contract.

F. In relation to the instant contract, the Plaintiff filed a complaint against the Defendants. Accordingly, around June 2009, Defendant B violated the Housing Act by acquiring the subscription savings certificate in the name of H from June 2009 to KRW 55 million. On November 201, 201, Defendant B transferred the instant right of lease, which was actually owned by the Plaintiff, under the name of H in the name of Seocho, to the Plaintiff, and under the Rental Housing Act.