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1. The Defendants jointly share KRW 44,000,000 to the Plaintiff and Defendant B with respect thereto from August 3, 2019.
Reasons
1. Basic facts
A. On August 6, 2017, the Plaintiff entered into a lease agreement with D on the lease deposit (hereinafter “instant lease agreement”) with the term of lease of the fourth floor F No. 103.5 square meters of the lease deposit for the term from August 13, 2017 to August 12, 2019, the Plaintiff paid the lease deposit amount of KRW 110 million to D on August 14, 2017, after completing the move-in report under the foregoing subparagraph, completed the fixed date, and received the registration of the establishment of a lease deposit in the instant house to secure the right to return the lease deposit from D, and received the registration of the establishment of a lease deposit from D to secure the right to return the lease deposit.
B. At the time of the instant lease agreement, the right to collateral security (G association’s KRW 59 million) equivalent to the maximum debt amount of KRW 69 million was established. The instant housing was composed of multi-household housing and multi-use rooms, etc., and ten tenants were able to live. Of the tenants, the sum of the deposit money of the lessee with priority over the Plaintiff was KRW 250 million (I deposit KRW 30 million, KRW 60 million, KRW 40 million, KRW 50 million, KRW 50 million, KRW 50 million).
C. The Plaintiff entered into the instant lease agreement through the O working as a broker assistant at the N Licensed Real Estate Agent Office operated by Defendant B, and the O performed the overall affairs of the instant lease agreement, including preparing the instant lease agreement made by the broker to Defendant B.
C. At the time of the instant lease agreement, the Plaintiff stated that “the matters concerning the de facto relationship of rights or the right of the object that has not been disclosed” in the explanatory note as follows: “The lessee shall hear the explanation of the lessor’s relationship of rights and obligations, and sign or seal it.” However, D or its owner, who is the nominal owner of the instant house.