1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On October 31, 2003, Nonparty C entered into a lease agreement with Nonparty Korea National Housing Corporation (Korea Land and Housing Corporation) on D apartment 120 dong 1103 (hereinafter “instant apartment”).

(hereinafter referred to as “the instant right of lease”) the right of lease on the instant apartment.

The apartment of this case was built with the funding from the National Housing Fund, and was occupied in 2005 as a public rental apartment for five years, and was converted to sale by November 1 of the same year after the lease period expires on August 1, 2010.

C. On June 22, 2005, the Defendant, a real estate broker, prepared a sales contract for an apartment building with himself as the seller, the Plaintiff as the buyer, and the sales price of which is KRW 59.2 million (hereinafter “the instant lease transfer contract”). At that time, the Defendant issued to the Plaintiff documents, etc. for securing the right to sell the apartment house under the name of C, and the Plaintiff paid to the Defendant a part of the down payment amount of KRW 1 million on the day above, the remainder of the down payment is KRW 4 million, and the remainder of the down payment is KRW 3 million, the remainder of the down payment is KRW 2458,00,00,000,000,000 won, which is part of the down payment, KRW 54 million,000,000,000 for the premium, KRW 2,077,000 for real estate brokerage fees, KRW 80,965,000.

Since then, around 2006, while the Plaintiff moved into and resided in the apartment of this case, an investigation into the illegal transfer of the right of lease was commenced at the Incheon Bupyeong Police Station. Accordingly, on May 21, 2007, the Defendant received a summary order of KRW 5 million due to the suspicion of arranging the illegal transfer of the right of lease of this case.

[Ground of recognition] Unsatisfy, Gap 1-4, 6, and 7 (including virtual numbers), and the purport of the whole pleadings

2. Summary of the parties' arguments

A. The gist of the Plaintiff’s assertion is that the Defendant obtained the approval or consent of the Korea Land and Housing Corporation, a rental business operator, according to the instant lease transfer agreement, and the Plaintiff completed the lease term.