임대차보증금 반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On January 6, 2012, between C and C, the Plaintiff entered into a lease agreement with C to lease the fixed coponer of the marina building (hereinafter “the instant marina”) newly constructed on the ground of Macheon-si D (hereinafter “instant marina”) at KRW 170,00,000, and KRW 7% of the sales proceeds of the Plaintiff for monthly rent.
B. Under the above lease agreement, the Plaintiff paid KRW 20,000,000 to C as part of the lease deposit, respectively, and KRW 50,00,00,00 on February 15, 2012.
C. On March 20, 2012, the Defendant entered into a partnership agreement with C on the operation of the instant marina, but terminated the said partnership agreement on April 6, 2012, and acquired the right to operate the said marina, such as the ownership of the said marina, from C, succeeded to the lessor status of the said lease agreement entered into between C and C.
On the other hand, on March 31, 2012, the Plaintiff paid KRW 30,000,000 out of the above lease deposit to the Defendant’s account.
On April 3, 2012, the Defendant established E Co., Ltd. (hereinafter referred to as “E”).
On April 24, 2012, the Plaintiff paid KRW 50,000,000 out of the above lease deposit to E’s account.
E. On May 14, 2012, the Plaintiff drafted the “Agreement on the Sale of Francos (hereinafter “instant Agreement”)” with the content that the Plaintiff shall lease the fixed copon of the instant Mran as KRW 170,000,000, KRW 7% of the sales proceeds of the Plaintiff monthly rent, and the period from May 16, 2012 to May 16, 2014. The Plaintiff written the “Agreement on the Sale of Francos” on the part indicating the contractual parties at the end of the instant Agreement, wherein the E business registration number is written, and the signature and seal of E and the Plaintiff are signed and sealed under the business registration number.
F. From the beginning of May 2012, the Plaintiff operated his/her business in the refined copon in the instant marina, and the Defendant completed registration of preservation of ownership on the instant marina on July 10, 2012.
G. On August 11, 2012, the Plaintiff paid KRW 20,000,000 in the balance of the deposit, and refer to the last page of the certificate No. 2 of the deposit sheet.