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1. The plaintiff's main claim is dismissed.
2. The Plaintiff, Defendant B, and Defendant C and the Defendant.
Reasons
1. Facts of recognition;
A. On December 30, 201, Defendant B lent the name of Defendant D and completed the registration of ownership transfer with respect to the instant apartment E-House 102 Dong 2002 (hereinafter “instant apartment”). Defendant D concluded a lease agreement between F and F on July 9, 2012, stating that the registration of ownership transfer is not to be made with respect to the instant apartment for two years from July 17, 2012, the date of conclusion of the contract (hereinafter “instant lease agreement”). The Plaintiff, a licensed real estate agent, is acting as a broker for the instant lease agreement.
B. On July 17, 2012, the date of the remainder payment of the rental deposit under the instant lease agreement, F paid all the rental deposit to Defendant D on July 16, 2012, which was the date of the occupancy. On July 16, 2012, F, the establishment registration of a neighboring mortgage (hereinafter “the establishment registration of a new mortgage”) was completed, which was the maximum debt amount of the instant apartment, KRW 296,40,000, the debtor, Defendant D, and Defendant Busan Busan National Credit Union (hereinafter “Defendant New Credit Union”).
C. Accordingly, F filed a claim for damages against the Plaintiff and the Korea Licensed Real Estate Agent Association, which were not paid due to the registration of the establishment of the instant real estate transaction association, seeking the payment of the amount equivalent to the lease deposit (Seoul District Court Decision 2012Kadan17280). In the said lawsuit, the Plaintiff and the Korea Licensed Real Estate Agent Association jointly and severally rendered a decision to recommend reconciliation that the Plaintiff and the Korea Licensed Real Estate Agent Association pay F KRW 55,00,000 until March 15, 2014.
On March 14, 2014, the Korean Licensed Real Estate Agent Association paid F the amount of damages according to the above Reconciliation Recommendation. On July 1, 2014, the Plaintiff agreed to reduce the amount of damages to be claimed with the Korean Licensed Real Estate Agent Association to KRW 44,00,000 on the same day.
E. On the other hand, the defendant C is the defendant's new consultation G, in collusion with the defendant B.