1. The part against the defendant in the judgment of the first instance is revoked, and the plaintiff's claim against the defendant is dismissed.

2. Action.

1. Basic facts

A. The Defendant is the owner of Suwon-si D apartment and E (hereinafter “instant real estate”).

B. As follows, on October 31, 2014, the lease agreement (hereinafter “instant lease agreement”) was concluded on the instant real estate that the Defendant as a lessor and lessee C as the lessee.

Deposit: 160,000,000 lease period: From November 16, 2014 to November 15, 2016

C. On November 14, 2014, the Plaintiff entered into a loan transaction agreement (hereinafter “instant loan transaction agreement”) with C as follows. At the time, C submitted the instant loan agreement to the Plaintiff on November 14, 2016 on the expiration date of the loan of the National Housing Fund loan of the loan of the National Housing Fund of the Seoul National Housing Fund.

On November 14, 2014, the Plaintiff implemented a loan to C in accordance with the instant loan transaction agreement, and deposited KRW 90,000,000 (hereinafter “instant loan”) with a bank account (G) in the name of the Defendant, which was a lessor under the instant loan transaction agreement.

In order to receive the introduction of a person who wants to recruit a lessee via the Internet by requiring money without the intention of actual lease with the lessee C and the lessor B (the Defendant), a false contract was prepared in collusion with a lessor and a real estate broker in order to obtain the withdrawal of a pre-government fund. Therefore, I received KRW 40,000 from the lessor’s account by receiving a deposit money loan for lease on a deposit basis from the lessor’s account by requesting a loan of a pre-government fund.

The remainder is that related persons, such as lessors and licensed real estate agents, have been established.

As a result, I will report to the creditor bank the facts of the illegal act.

E. On January 18, 2016, C prepared and rendered to the Plaintiff a “report on illegal acts” with the following content.

F. The Plaintiff guaranteed the instant loan obligations on January 18, 2017.