임대차보증금
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Basic facts
A. C Co., Ltd (hereinafter “Nonindicted Company”) completed the registration of ownership transfer with respect to D Apartment E (hereinafter “instant real estate”) in Ansan-si, Ansan-si on November 29, 2016.
B. On December 23, 2016, the Plaintiff, the representative F and the intermediary, at the time of Nonparty Company, entered into a lease agreement between the Nonparty Company and the Nonparty Company with respect to the instant real estate, setting the lease agreement between KRW 100 million and the lease period from December 23, 2016 to December 22, 2018.
At the time, the Plaintiff and the Nonparty Company agreed to pay KRW 10 million among the above lease deposit as the down payment, and KRW 24.4 million as the intermediate payment, on December 23, 2016, under the pretext of intermediate payment, respectively, on September 30, 2017.
C. On January 4, 2017, the Plaintiff filed a move-in report with the instant apartment.
On the other hand, on February 27, 2017, G Co., Ltd. (hereinafter “G”) concluded a mortgage agreement with the non-party company regarding the instant real estate at KRW 370 million with the maximum debt amount, and completed the registration of establishment of a neighboring mortgage on the same day.
G applied for a voluntary auction on the instant real estate based on the foregoing collateral security on January 24, 2019, and on January 24, 2019, Suwon District Court rendered a voluntary decision to commence the auction on the instant real estate as H on January 24, 2019.
E. In the above voluntary auction procedure, the Defendant sold the instant real estate on December 19, 2019 and completed the ownership transfer registration on December 20, 2019.
F. On April 9, 2020, the Plaintiff handed over the instant real estate to the Defendant.
【Ground of recognition】 The fact that there is no dispute, Gap's No. 1, 4, 5, Eul's evidence No. 1, the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. On December 23, 2016, the Plaintiff concluded a lease agreement with Nonparty Company on the instant real estate amounting to KRW 100 million, and around that time, the Plaintiff received the instant real estate and completed the move-in report.
Furthermore, the plaintiff on 2017.