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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff, including the costs of supplementary participation.
Reasons
1. Basic facts
A. On December 6, 2013, D entered into an agreement with E on December 6, 2013, 685 million won (a loan amounting to KRW 360 million; a down payment amounting to KRW 100 million is KRW 125 million on the date of change of the name of the owner of the building; KRW 100 million on the date of change of the owner of the building; and KRW 100 million on the other hand, the building site and the building of this case is "the instant house" in total. The instant house is a multi-family house with 11 households (one household with the first floor, the second floor, and the third floor, the second floor, and the fourth floor, the second floor, and the second floor) under the name of the owner of the building; and the building is to be sold in the name of the owner of the building and the building of this case, which is the building completion under the agreement to pay KRW 400 million on January 20, 2014.
B. On January 7, 2014, the Plaintiff, as a broker of the auxiliary intervenor who is a licensed real estate agent, leased from D the main household of Gho Lake among the instant housing (hereinafter “instant G”) at KRW 120 million as the lease deposit, and agreed to the effect that “this contract is an unregistered contract, and thus its renewal is made after completion of registration” (hereinafter “transfer lease agreement”).
Then, on February 12, 2014, the registration of preservation of ownership was completed in the name of E, a new owner, and the Plaintiff concluded a lease agreement between E with respect to the instant subparagraph (hereinafter “instant lease agreement”). On February 17, 2014, the Plaintiff registered the establishment of a right to lease on a deposit basis with respect to the instant building (hereinafter “instant lease agreement”). On February 18, 2014, the Plaintiff obtained a fixed date on February 18, 2014.
C. On the other hand, “the instant site is indicated as the maximum debt amount of KRW 351,00,000, and the debtor D and the mortgagee’s P&D regarding the instant site” in the form of legal relationship of the letter of confirmation of the object of brokerage prepared at the time of concluding the former lease agreement.