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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The facts of recognition ① The Defendant notified the Nonparty of the lawsuit in the instant case involving Licensed Real Estate Agent D (hereinafter “Non-Party”) operating the C Real Estate Brokerage Office at the macro-si.
B. From March 18, 2014 to March 17, 2015, in the event that the Nonparty intentionally or negligently inflicted property damage on the transaction party in performing real estate brokerage, the Defendant entered into an insurance policy for authorization and permission to compensate for the damage up to KRW 100 million, and Nonparty E is the owner of the multi-family house with the fourth floor located in the F at the time of macro-si (hereinafter “multi-family house”).
② On February 26, 2015, the Plaintiff entered into a lease agreement on the instant multi-family housing (hereinafter “instant contract”) with the Nonparty as the broker, and paid KRW 100 million to the said E on March 25, 2015, completed the move-in report on April 6, 2015, and received the fixed date as of March 6, 2015.
③ A description on confirmation of the object of brokerage (Evidence A2) regarding the instant contract prepared by the Nonparty stated that the right to collateral security of 3.9 million won with the maximum debt amount is set in the instant multi-family house and that the deposit amount of the lessee of the instant multi-family house shall be KRW 200 million with the total amount of 6 households.
④ In the instant multi-family house and the instant apartment house owned by the said E, the appraised value of the said auction real estate in the Changwon District Court through through the Changwon District Court, which was applied by an asset management company, with respect to the instant land and housing owned by the said E, is the sum of KRW 835,176,520 won and the appraised value of the instant auction real estate, KRW 702,989,520, and multi-household house, which is the appraised value of the instant land and multi-household house, KRW 131,842,00, and the appraised value of the building other than KRW 345,000,
However, in several times, 454,833,222 won was sold. Of them, 448,015,453 won was actually distributed. The foregoing mortgagee 409,805,126 won, and multi-household lessee 30,402,647 won, and the above H-ground housing was sold to K.