1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On July 31, 2008, C, the Plaintiff’s birth, as the Plaintiff, entered into a lease contract with D as to the lease deposit amount of KRW 50,000,000, annual rent of KRW 6,000,000, and the lease deposit amount of KRW 6,000,000, from August 30, 2008 to August 29, 2010 (hereinafter “instant lease contract”). At that time, C, a licensed real estate agent, entered into a lease contract with D as a broker of the Defendant, and thereafter, D paid the lease deposit amount.

On August 22, 2010, the lease term of the instant lease was extended by December 29, 2010.

B. On the instant apartment, F, the husband of C and C, had resided in the apartment of this case.

C. On August 27, 2010, D concluded a lease contract with respect to G and the instant apartment, setting the lease deposit of KRW 160,000,000, and the term of the lease from December 29, 2010 to December 28, 2012, and received down payment of KRW 10,000,000 from G around that time.

F If the circumstances arise that the apartment of this case cannot be delivered at the expiration of the above lease term, the F would leave the apartment of this case from the defendant on December 26, 2010 to the defendant until January 22, 2011.

“Written undertaking to the effect (F refers to the Plaintiff’s agent; hereinafter the same shall apply) and the monthly rent of KRW 600,000. (e) Ultimately, C and F drafted a written confirmation to the effect that they did not deliver the instant apartment to D on December 29, 2010, which is the expiration date of the said lease term, and F is the Plaintiff’s agent, and F is liable for failure to withdraw on December 29, 2010, and if D considers monetary damage.”

F. C and F delivered the instant apartment to D on January 22, 2011.

F. On February 15, 201, the Defendant returned KRW 40,000,000 out of KRW 50,000,000 for the rental deposit on February 15, 201, and the remainder KRW 10,000 for the lease deposit shall be kept by the Defendant, and the Defendant shall dispose of KRW 10,000 with the consent of F, D, and the Defendant after the settlement of disputes between D and G.