1. The instant lawsuit shall be dismissed.

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

1. Facts of recognition;

A. On February 7, 2013, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with C, setting the lease deposit amount of KRW 200 million and the lease deposit period from February 28, 2013 to February 28, 2014, with respect to the D building 105 Dong 3201 (hereinafter “instant building”).

The Defendant, as a licensed real estate agent, mediated the instant lease agreement.

Under the instant lease agreement, the Plaintiff paid KRW 200 million to C, and resided in the instant building.

B. Although the term of lease expires, the Plaintiff was unable to receive the refund of the deposit for lease from C, and the Plaintiff was forced to continue to reside in the building of this case.

The decision of commencing auction was made on January 26, 2015 and April 29, 2015 by the mortgagee of the building of this case on the application of voluntary auction.

The instant building was sold to a third party on February 24, 2016 in the auction procedure, and the Defendant did not receive any distribution as a junior creditor.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. The assertion and judgment

A. In mediating the instant lease agreement as a real estate broker, the Defendant alleged that the Plaintiff had not provided confirmation and explanation on the owner’s financial ability, the amount of senior collateral security obligation, and the market price of the instant building, etc. to the Plaintiff, the client, as well as provided explanation that the Plaintiff did not actively have any problem with the owner’s financial ability and did not have any actual collateral obligation in comparison with the market price of the instant building.

As a result, the Plaintiff did not recover the lease deposit by entering into the instant lease agreement and suffered damages equivalent to the amount.

Therefore, the defendant is responsible for the delegation of Article 30 (1) of the Licensed Real Estate Agent Act, the Civil Act, the liability for default of obligations under the Civil Act, or tort caused by deception.