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(영문) 대전지방법원 2019.01.11 2017나115376

보증금반환

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 15, 2009, the registration of transfer of ownership was completed on the ground of trust in the name of K Co., Ltd. on the soup, soup, the soup, the soup, and the soup, the soup, which was owned by H (hereinafter “H”), and two parcels of ground E building F of building D and two parcels of land (hereinafter “the above soup,” and combined with the soup, “the soup, etc.”).

B. On April 4, 2014, the Plaintiff and H entered into a lease agreement (hereinafter “instant lease agreement”) with the effect that the lease deposit is KRW 100,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000).

C. On April 4, 2014, the Plaintiff paid KRW 20 million to the auditor C of H under the instant lease agreement, and remitted KRW 5 million to H’s account on April 4, 2014, KRW 5 million on April 7, 2014, KRW 5 million on April 7, 2014, and KRW 9 million on May 28, 2014, and paid KRW 40 million on April 16, 2014 (hereinafter “the instant lease deposit”). D.

On February 2, 2016, between C andO, the agreement for the transfer of facilities (hereinafter “instant transfer agreement”) with respect to the instant letter of contract was prepared as follows. On February 2, 2016, C andO entered into a contract for the transfer of facilities (hereinafter “instant transfer agreement”). On the part of the transferor’s column at the bottom of the instant transfer contract, C’s signature is written and C’s seal is affixed thereto. The transferee’s column includes the O’s signature and the O’s seal is affixed thereon.

The transferor of the contract for the transfer of the facility: The indication of the O real estate: Daejeon Metropolitan City D and 2 E buildings.