보증금반환 청구의 소
The plaintiff's claim against the defendants is dismissed in entirety.
Litigation costs shall be borne by the plaintiff.
1. Basic facts
A. The Plaintiff is the former owner of the Nam-gu, Busan and F site, and G is the former owner of the Imael, which is the H site and its ground building (hereinafter “the instant cartel”).
B. On May 5, 2014, the Plaintiff entered into a lease agreement with Defendant B on the lease deposit for the leased site located in the Busan Southern-gu J (hereinafter “instant parking lot”) located in the vicinity of the instant Moel to use it as a parking lot for the instant Mour on a lease basis, with Defendant B, for two years from May 5, 2014, with respect to the lease deposit amount of KRW 50,000,000, monthly rent of KRW 3,500,000, and the lease term of KRW 3,500,000.
C. On May 6, 2015, the Plaintiff and G entered into a sales contract with K Co., Ltd. with the amount of KRW 3,550,00,000,00 with respect to the instant cartels between the Nam-gu E, F, and H site and its ground (hereinafter “instant sales contract”).
On May 28, 2015, K Co., Ltd. completed the registration of ownership transfer for the real estate for the purpose of the instant sales contract pursuant to the instant sales contract, and received the instant parking lot delivery around that time.
E. In the column for the contract terms of the instant sales contract, the phrase “the current parking lot used for lease shall succeed as it is,” is written.
F. On September 28, 2016, the Plaintiff filed a lawsuit against K Co., Ltd. to the effect that the Plaintiff succeeded to the instant parking lot at the time of the instant sales contract, and that the Plaintiff would pay KRW 50 million,00,000,000,000, which was paid to the Plaintiff, separately from the purchase price under the instant sales contract, to the Plaintiff. However, on September 28, 2016, the said judgment was rendered against the Plaintiff, which became final and conclusive after the appellate trial on June 8, 2017.
(c).