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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The plaintiff is a person in a de facto marital relationship with D, and the defendant is a husband of female E of D.
B. The third floor multi-family house (hereinafter “instant building”) was newly built on the ground of the Seoul Special Metropolitan City, Nowon-gu F land owned by the Defendant, and on April 27, 2004, the registration of preservation of ownership in the name of the Defendant was completed.
The construction cost of KRW 318,60,000 for construction cost of KRW 350,00,000 for construction cost of KRW 350,00,000 for construction cost of KRW 38,628,00 for construction cost of KRW 20,000 for creation of security loan - 2,170,720 on October 8, 2003 556,606,60 for appraisal cost of security loan - 8,494,634 for interest on October 8, 2003 -315,00,00 Chinese rent of KRW -8,50,000 for rent of KRW 20,000,000 - deposit of KRW 150,000,000 - - 000,000,000 for security loan - 170,170,7949,49,490,49,205
C. After the construction of the instant building, the Plaintiff, the Defendant, and D drafted a settlement statement on the construction cost, etc. as indicated below.
1) On August 20, 2004, the lease contract with the Plaintiff, the Defendant, and D on the first floor (wholly) underground of the instant building (wholly), KRW 245,000,000, the lessor, the Defendant, the joint lessee, the Plaintiff, and D (hereinafter “instant lease contract”).
2) The terms and conditions of the instant lease agreement include: “1. The said terms and conditions of the instant lease agreement can be settled as part of the building cost and the purchase cost of the land.”
E. The Defendant prepared and held a power of delegation to the Plaintiff to the effect that “the Defendant shall delegate all acts regarding the conclusion of the instant lease agreement with respect to the five households on the first floor above the instant building and the receipt of monthly rent.” The said power of delegation is accompanied by a certificate of personal seal impression issued on May 20, 204 in the name of the Defendant.
F.1) On August 20, 2004, the Plaintiff entered into a lease contract with the Defendant and the second floor of the instant building with the content of KRW 150,000,000,00 as to the lease deposit. 2) The Plaintiff against the Defendant.