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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1...
Reasons
1. Basic facts
A. B is a practicing licensed real estate agent who operated the “C Licensed Real Estate Agent Office” and D and E were a brokerage assistant of the “C Licensed Real Estate Agent Office”.
The defendant entered into a mutual aid agreement with B with the content that compensates the client for the damage caused by the brokerage accident that occurred during the period of mutual aid subscribed by the mutual aid holders from January 11, 2015 to January 10, 2016.
B. On May 7, 2015, F, the Plaintiff, introduced a introduction by the C Licensed Real Estate Agent Office, leased the lease deposit of KRW 130,000,000,000 from G to June 30, 2017 (hereinafter “instant lease contract”), and paid KRW 13,000,000 to G deposit money on the same day.
On the other hand, F paid 390,000 won to brokerage assistant E on the same day.
C. At the time of the conclusion of the instant lease agreement, the instant lease agreement was established with the mortgagee’s right to collateral security (the loan principal of KRW 130,000,000,000). Paragraph (4) of the instant lease agreement was to have the lessor repaid KRW 10,000,000 out of the secured debt of the said right to collateral security (the said lease agreement).
F was scheduled to pay the remainder of the lease deposit in the instant case upon the return of the lease deposit for the existing leased house. However, as the existing leased house was not leased, making it difficult to pay the remainder due to the failure to rent the leased house, the F succeeded to the instant lease agreement to the Plaintiff on June 9, 2015 and sought consent from the lessor through the C Licensed Real Estate Agent Office.
On June 19, 2015, the following lease contract was prepared with the same content as the lease contract of this case in which the lessee is the Plaintiff.
E. The Plaintiff shall pay the remainder of the lease deposit of this case to the Si Heavy Bank.