1. Defendant B’s KRW 51,196,398 as well as 5% per annum from August 24, 2017 to June 11, 2019, respectively, to the Plaintiff.

1. Basic facts

A. As the lessee, Defendant B as the lessor, Defendant C as the broker, the lease deposit amounting to KRW 65 million, the object of the lease is the E and F, Incheon Ba-gun (hereinafter “instant real estate”), and the date of preparation, respectively, the lease contract (Evidence A No. 1 and hereinafter “instant contract”) written on July 24, 2012, and the details thereof are as shown in the attached Table.

B. The Plaintiff paid KRW 65,00,000 to the Defendant B, a lessor, in accordance with the terms and conditions of the instant contract.

C. However, on September 14, 2012, after the date of the formation of the instant contract, registration of preservation of ownership of the instant real estate was completed in the name of G, not Defendant B, the lessor, but Defendant B.

On July 15, 2013, upon filing a request for auction by HAC, the voluntary decision to commence auction on the instant real estate, etc. (hereinafter “instant auction procedure”) was rendered to the Incheon District Court I, and the JA Co., Ltd acquired the ownership of the instant real estate through the auction procedure.

E. The Plaintiff received dividends of KRW 13,803,612 as a small lessee at the instant auction procedure. After the instant auction procedure was completed, the Plaintiff entered into a new monthly rental agreement with respect to the instant real estate and entered into a new monthly rental agreement with respect to the instant real estate.

F. Defendant C is a licensed real estate agent who runs the real estate brokerage business under the trade name of “L Licensed Real Estate Agent Office” at K of Incheon Cheongjin-gun, Incheon as of the date of the formation of the instant contract.

[Ground for Recognition: Facts without dispute, Gap evidence Nos. 1, 3, 4, 7, 9, 10, Eul evidence No. 1, Eul evidence No. 1, Eul evidence No. 1, and the purport of the whole pleadings]

2. Determination as to the plaintiff's claim against the defendant B

A. In full view of the contents of evidence Nos. 1 and 3, the purport of the entire pleadings is as follows: ① Defendant B prepared the instant contract as a lessor, and ② thereafter, Defendant B prepared the instant contract as a lessor.