보증금반환
1. The plaintiff's primary claim against the defendants is dismissed in entirety.
2. Defendant A shall be KRW 70,000,000 to the Plaintiff.
1. Basic facts
A. On July 24, 2008, the Plaintiff entered into a lease agreement with the Defendant for the lease deposit of KRW 70 million from August 5, 2008 to August 4, 2010 with respect to the lease deposit of KRW 103 Dong 1301 (hereinafter “instant house”) and the lease agreement with the occupant D (hereinafter “the lease agreement of this case”).
B. On July 24, 2008, the Plaintiff entered into a lease agreement between D and D with an occupant’s share of the instant housing amounting to KRW 3.5 million out of the aforementioned KRW 70 million, monthly rent of KRW 10,830, and the lease period from August 5, 2008 to August 4, 2010.
C. D has completed the move-in report on July 28, 2008 with the fixed date set in the previous lease contract, and completed the move-in report on July 25, 2008 with the instant house.
On the other hand, on March 25, 2010, D completed the registration of establishment of chonsegwon with a deposit money of KRW 130 million on the instant house. On the same day, D completed additional registration of establishment of chonsegwon with a debtor D, mortgagee E, and maximum debt amount of KRW 98 million on the same day.
E. On July 5, 2011, Defendant B entered into a contract with Defendant A to purchase the instant house with KRW 260 million, and entered into a special agreement with Defendant A to cancel the right to lease on a deposit basis and the right to collateral security with respect to lease on a deposit basis as well as right to collateral security with respect to lease on a deposit basis as well as right to collateral security with respect to lease on a deposit basis as well as right to collateral security with respect to lease on a deposit basis as to lease on a deposit basis as well as right to collateral security with respect to lease on a deposit basis as to lease on a deposit basis as of July 5, 2011.
3) On August 25, 2011, Defendant B completed the registration of the ownership transfer of the instant house, and on the same day, Defendant B cancelled the registration of the establishment of chonsegwon, E’s registration of the establishment of chonsegwon, and the registration of the establishment of a mortgage worth KRW 168 million with the maximum debt amount borne by Defendant A to the Government Agricultural Cooperatives. 4) Defendant B filed a move-in report on the instant house on August 26, 201, and D transferred the instant house to the Government CityF and G on August 26, 2011.
[Reasons for Recognition] There is no dispute;