임대차보증금반환 청구의 소
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.
1. The following facts may be found either in dispute between the parties or in combination with the following facts: Gap evidence Nos. 1-1 to 3, Gap evidence Nos. 2 and 3, and witness E of the first instance trial and the whole purport of the pleadings.
Around September 2008, the Defendant contracted the construction work on the building on the 8th and fourth underground floors in the Seoul-gu Seoul-owned Seoul-do land (hereinafter referred to as the "D building"), which was owned by the Defendant, to G, and completed registration of preservation of ownership of D buildings on November 26, 2009, and during that process, E, which was known to the head of the G site.
B. Since then, the Defendant, along with E, shall establish the Plaintiff with the trade name of “F Co., Ltd.”, and around July 20, 2010, the Plaintiff completed the Plaintiff’s registration of incorporation by determining as “six floors of the headquarters: D building,” “total number of issued stocks: 4,500 shares,” and “capital: 45,000,000 won.”
C. On August 18, 2010, the Defendant deposited KRW 600,000 in the Plaintiff’s account to increase capital, and on August 19, 2010, the Defendant completed the Plaintiff’s registration of change by determining as “64,500 shares issued: 64,500 shares”; and “645,000,000 won in capital.”
On August 17, 2010, the Plaintiff drafted a lease agreement with the Defendant (hereinafter “instant lease agreement”) and remitted KRW 505,00,000 to the Defendant on August 26, 2010.
- Lease Object: Gangnam-gu Seoul Metropolitan Government, 6th floor - Deposit: KRW 550,00,000 (the payment for the contract amount of KRW 45,000,000 at the time of the contract, the balance of KRW 505,000 on the payment date of KRW 505,00: The delivery date: August 25, 2010 - the lease period: from August 26, 2010 to August 25, 2012.
On the other hand, on March 28, 2012, the Defendant resigned from the Plaintiff’s representative director, and the E-type H was appointed as the Plaintiff’s representative director on the same day, and the head office of the Plaintiff was changed to the Plaintiff’s head office I on the same day.
F. After J assumed office as the representative director of the Plaintiff on September 21, 2012, the Plaintiff’s trade name was changed to the current “A” corporation, and the head office was also changed to the “Y and Hho-gu, Busan Metropolitan City.”
2. The main defense.