1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the cancellation part shall be revoked.

1. Facts of recognition;

A. C operated the “D Licensed Real Estate Agent Office” located in Busan-gu, Busan-do, and the Defendant entered into a mutual aid agreement with C to compensate for property damage to a transaction party within KRW 100,000 where C intentionally or negligently engages in real estate brokerage (hereinafter “instant mutual aid agreement”).

B. On June 29, 2017, the Plaintiff entered into a lease agreement with C for 30,000,000 won for the lease deposit, 400,000 won for the monthly rent (in advance payment), and 30,000 won for the lease term from June 30, 2017 to June 29, 2018 (hereinafter referred to as “instant lease agreement”) with C’s account for 40,000 won for the down payment on June 222, 2017, and 3,000,000,000 won for the June 29, 2017, 2000 won for the lease deposit (including 0,000 won for the lease deposit).

C. At the time of the conclusion of the instant lease agreement, C was wholly delegated by the lessor E with respect to the lease of the instant real estate, but in fact, C did not notify the lessor E of the fact of the instant lease agreement with the Plaintiff, and acquired the lease deposit paid by the Plaintiff by deceiving KRW 650,000,000, monthly rent of KRW 400,000 paid by the Plaintiff to the lessor to the account of the lessor E by means of remitting KRW 650,000 under the former lessee’s contract terms (Deposit 5,00,000).

C, in doing the act of real estate brokerage, many parties to the contract were accused in the above way, and due to this, several cases are currently pending in the lawsuit.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 3, the purport of the whole pleadings

2. Determination on the cause of the claim.