1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Facts of recognition;

A. On October 23, 2015, the Plaintiff entered into a contract on the lease deposit amounting to KRW 45 million, and the term of lease from November 9, 2015 to November 8, 2017 (hereinafter “instant lease contract”).

B. From October 21, 2015 to November 9, 2015, the Plaintiff paid the above lease deposit amount of KRW 45 million to B, and received a fixed date on the instant lease agreement.

C. At the time of the conclusion of the instant lease agreement, the maximum debt amount of the instant building, which is the mortgagee of the right to collateral security, is KRW 325 million with each other, and KRW 155 million with respect to the building of this case, was set up two collateral security claims, and C explained the Plaintiff that the said two collateral security claims exist.

At the time of the conclusion of the instant lease agreement, the obligation to return the lease deposit to the lessee prior to the Plaintiff as to the instant building was KRW 385 million in total.

E. As to the instant building, the procedure of the auction of real estate was commenced through the Changwon District Court through the Changwon District Court, and the appraised value of the instant building and its site was KRW 736,417,520, but was sold in KRW 494,700,000, and the Plaintiff did not receive any distribution.

F. While mediating the instant lease agreement, C, a licensed real estate agent, issued to the Plaintiff a certificate of mutual aid issued by Defendant D Association (hereinafter “Defendant”) (i.e., a contract that compensates the parties to a transaction for damages arising from the real estate brokerage during the mutual aid period, amount of 10 million won, and period of mutual aid from December 26, 2014 to December 25, 2015).

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 7 (including branch numbers in case of additional number), the purport of the whole pleadings

2. Determination

A. One real estate broker and the client’s legal relationship arising from the liability for damages are a delegation relationship under the Civil Act.