1. Defendant B’s delivery of real estate stated in the separate sheet from the Plaintiff at the same time from KRW 40,000,000 to the Plaintiff.

1. Basic facts

A. On January 18, 2017, Defendant B acquired ownership of the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. On March 22, 2018, Defendant B, under the trade name “F, delegated the authority related to the lease of the instant real estate to G who completed business registration for the purpose of real estate rental management business, including the lease of the instant real estate, the payment of rent for the guarantee period, the deposit money and the management thereof, the lessee’s physical color and selection, the advertisement of lease, and the management of the lease contract (the preparation of the contract).

C. On April 11, 2018, the Plaintiff entered into a lease agreement with Defendant D, a licensed real estate agent, to lease the instant real estate from Defendant B by setting the lease deposit amount of KRW 40,000,000, monthly rent of KRW 100,000, and the term of lease from April 12, 2018 to April 11, 2019 (hereinafter “instant lease agreement”).

On April 11, 2018, the Plaintiff remitted KRW 40,000,00 to the account entered in the deposit account of deposit money under the instant lease agreement, and transferred KRW 100,000 each month from April 11, 2018 to September 11, 2018, to the account entered in the monthly deposit account under the instant lease agreement, and paid monthly tax until October 11, 2018.

【Ground of recognition】 Each entry of evidence Nos. 1 through 3, and the purport of the whole pleadings

2. Determination as to the claim against the defendant B

A. 1) As the Plaintiff’s assertion termination of the instant lease agreement, Defendant B, a lessor, is obligated to return the deposit amount of KRW 40,000,000 to the Plaintiff. (2) Defendant B, as the Plaintiff’s assertion, granted the right of representation to the Plaintiff to lease the instant real estate at KRW 10,000,000, monthly rent of KRW 400,000, and the monthly rent of KRW 40,000, and the monthly rent of KRW 100,000. (b) The instant lease agreement was stipulated under a special agreement.