1. The Defendant’s KRW 36,539,794 for the Plaintiff and KRW 5% per annum from October 28, 2016 to May 2, 2017.

Basic Facts

A limited liability company B (hereinafter referred to as “B”) constructed officetels on the ground C in the early 2013 following the following:

B agreed to transfer ownership of Nos. 203 (hereinafter “instant officetel”) and No. 204 (hereinafter “instant officetel”) in the name of payment in lieu of the construction cost to D who partially performed the construction works of officetels.

On January 10, 2013, D entered into a lease agreement with the Plaintiff to lease the instant officetel at KRW 60,000,000 as lease deposit (hereinafter “the instant first lease agreement”).

The Plaintiff filed a move-in report with the instant officetel on January 29, 2013, and obtained a fixed date with respect to the instant first lease agreement on February 6, 2013.

E is a person who conducts a licensed real estate agent business under the trade name of "G Licensed Real Estate Agent Office" in the following Busan City:

E signed between the Plaintiff and D as an intermediary of the instant first lease agreement, and affixed the seal to the instant first lease agreement.

The Plaintiff paid KRW 6,00,000 to D on the date of conclusion of the instant lease agreement, and paid KRW 14,000,000 to D on January 14, 2013.

However, D demanded B to transfer the instant officetel to E other than it, and B concluded a sales contract with the content of selling the instant officetel to E on February 5, 2013.

B On February 14, 2013, the registration of ownership preservation for the instant officetels was completed, and on March 14, 2013, the registration of ownership transfer was completed in the name of E.

On March 19, 2013, E, which was a broker of the instant first lease agreement, concluded a lease agreement with the Plaintiff (hereinafter “instant second lease agreement”) with the effect that it leases the instant officetel to the Plaintiff as KRW 70,00,000 (hereinafter “instant second lease agreement”).

On the same day, the Plaintiff obtained a fixed date with respect to the instant secondary lease agreement.

The deposit for lease under the second lease agreement of this case is KRW 70,000,000.