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1. The part of the conjunctive claim in the instant lawsuit is dismissed.
2. The plaintiff's main claim is dismissed.
3...
Reasons
1. Basic facts
A. On April 22, 2017, C, as a licensed real estate agent, obtained KRW 600,000 per month from D, E, etc., and lent its brokerage office registration certificate to D, and D, E, and F, upon obtaining a loan from C, operated “I Licensed Real Estate Agent Office” in Busan Dong-gu G building and H between May 10, 2017 and February 20, 2018.
B. On July 24, 2017, the Plaintiff entered into a lease agreement with F and Busan Ptel K (hereinafter “instant real estate”) with the Plaintiff, and paid KRW 75,00,000,000 for the lease deposit. The F was the actual owner of the instant real estate when entering into the lease agreement.
C. D and E, in collusion with F on July 25, 2018, was sentenced to five years of imprisonment due to the fabrication and uttering of official documents, such as family relation certificates, the proxy form and uttering of private documents, and the fraud against the plaintiff et al.; the defendant C was sentenced to six months of imprisonment, two years of suspended execution, and 120 hours of community service due to the violation of the Licensed Real Estate Agents Act (Supreme Court Decision 2018Da555 Decided January 31, 2019). The defendant appealed against D, E, and C, but appealed from the Busan District Court on November 9, 2018 (Seoul District Court Decision 2018No2832). The appeal was dismissed by the Supreme Court on January 31, 2019.
(Supreme Court Decision 2018Do18873). D.
C On April 20, 2017, the Defendant entered into a mutual aid agreement with the deductible amount of KRW 100,000,000, and the period of mutual aid from April 20, 2017 to April 19, 2018 (hereinafter “instant mutual aid agreement”).
E. On December 13, 2018, the Defendant: (a) stated in this Court (No. 6340, 2018) that “it is difficult to find out whether the Defendant is the genuine claimant for the mutual-aid fund under the instant mutual-aid agreement; and (b) it is difficult to find out how much the specific amount of the mutual-aid fund to be paid to each depositor is paid to the Plaintiff, M, N,O, P, Q, R, S, T, U.