1. The Defendant’s KRW 24,00,000 as well as 5% per annum from September 14, 2019 to May 29, 2020 to the Plaintiff.

1. Basic facts

A. On April 13, 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) between D and D as a broker of C, a licensed real estate agent, with respect to the E-family house owned by D (hereinafter “instant multi-family house”) F, the lease deposit amount of KRW 60 million, and the lease term of KRW 20 million from May 2, 2016 to May 1, 2018.

In addition, the Plaintiff received the fixed date on April 14, 2016, and completed the move-in report on delivery and resident registration by paying the lease deposit to D on May 2, 2016.

B. At the time of the instant lease agreement, ① two cases of the right to collateral security was established on the instant multi-family house, including the maximum debt amount of KRW 559 million (the right to collateral security was established on the lease deposit amount of KRW 60 million with respect to F leased by the Plaintiff, but the right to collateral security was cancelled on May 3, 2016). ② Five lease agreements were concluded on the five units of the instant multi-family house, including the lease deposit amount of KRW 285 million with respect to the five units of the instant multi-family house, and the moving-in report for resident registration and the fixed date was completed.

C. However, in the “matters of rights other than ownership” column of the description confirming the object of brokerage prepared and delivered by C to the Plaintiff at the time of the instant lease agreement, the said mortgage and lease on a deposit basis were stated, but the “matters of rights regarding the object that is not publicly notified of the actual relation of rights” was stated only in the “matters of rights other than the real relation of rights” column.

On September 9, 2018, upon the application of the G Union, which is a right to collateral security, the instant multi-family house commenced with the Cheongju District Court H on September 9, 2018, and the appraisal value of the instant multi-family house and its site was assessed as KRW 804,526,960 as of September 18, 2018, including buildings other than the presentation of the appraisal value of the instant multi-family house and its site, and they were sold to KRW 545,99,00.

E. In the above auction procedure, the Plaintiff demanded a distribution of the lease deposit with the lessee, but on the date of distribution on May 28, 2019.