보증금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. C and the Plaintiff entered into a sales contract to purchase KRW 900 million on September 22, 2003, E and ground buildings (hereinafter “instant real estate”) on condition that they acquire existing loans of KRW 150 million (hereinafter “instant loans”). On October 1, 2003, the Plaintiff completed the registration of ownership transfer for each of the instant real estate 1/2 shares on September 222, 2013.
B. On October 14, 2003, the Defendant concluded an agreement between the parties to recognize the rights of 1/3 regarding the exercise of the ownership and property rights to the instant real estate as to the transfer of 1/6 shares among the instant real estate from C and the Plaintiff, and completed the registration of ownership transfer on October 14, 2003 as to the total share of 1/3 shares of Plaintiff C and 1/6 of Defendant’s share of 1/2 of Plaintiff C and 1/2 of Defendant’s share of 1/3 shares, on November 14, 2003.
C. On December 29, 2004, C concluded an agreement with the Plaintiff to divide profits from the instant real estate into 1/3, and on September 30, 2004, C had the right to manage the instant real estate until September 30, 2004, and thereafter, C did not perform it despite having agreed to transfer the right to manage the instant real estate, and since May 1, 2004, C did not perform the obligation to distribute profits, the Plaintiff sent to C a certificate of content that “the Plaintiff shall perform the obligation to transfer the right to manage and distribute profits,” and the above certificate of content reached the Plaintiff around that time.
F) On September 20, 2006, F entered into a sales contract with the Defendant to purchase 1/3 of the ownership of the instant real estate from the Defendant, with a view to KRW 350 million, and to succeed to KRW 50,000,000 as a loan to Han Bank and KRW 35,000,000 as a lease deposit, and on November 1, 2006, as to KRW 1/3 of the instant real estate on September 20, 2006, the registration of transfer of ownership based on a share sales contract concluded on September 20, 206.