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1. The plaintiff's claim against the defendants is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. As of March 12, 201, the Plaintiff and C entered into a lease agreement between the Plaintiff and C as of March 12, 201 with respect to D 3, Dong 208 (hereinafter “instant real estate”), a deposit amount of KRW 35,00,000, and the period from March 20, 2011 to March 19, 2013 (a lease agreement, unlike the contractual terms, is the so-called “mortgage lease agreement” in which only the substance is the deposit and no rent exists; hereinafter “instant contract”). Of the deposit, KRW 3,00,000,000, the Plaintiff or E, as the down payment for the down payment, was paid by account transfer on March 12, 201, and the remainder of KRW 32,00,000,000, as the remainder, was paid by a passbook without passbook on March 18, 201.
B. While the instant contract has been maintained two times, the said contract was executed with the maximum debt amount of 6,11 million won, which was already established at the time of the said contract, and the auction procedure for the replacement of real estate was commenced with F with the Jung-gu District Court on April 15, 2016. At the said auction procedure, the said real estate was sold at KRW 54,810,220, and the distribution schedule was formulated on December 14, 2016 for KRW 53,010,05, which was to be actually distributed out of the total debt amount of KRW 54,810,220, and the Plaintiff participated in the distribution of dividends with the fixed-date lessee, but the Plaintiff participated in the distribution of dividends with the deposit amount of KRW 35,50,00,000,000, as well as the claim for the said collateral ( KRW 46,382,280,000).
C. Meanwhile, Defendant B, as a real estate broker, mediated the instant contract at the Plaintiff’s request, and Defendant B’s Korea Licensed Real Estate Agent Association concluded a mutual aid agreement with Defendant B and Defendant B with the content of compensating for the damage to the property of the parties to the transaction by intention or negligence.
[Ground of recognition] Each entry of Gap evidence Nos. 1 through 9 (including paper numbers), witness G testimony, witness E's partial testimony, and the purport of the whole pleadings.