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1. The defendant shall pay the plaintiff KRW 220,000,000.
2. The costs of the lawsuit are assessed against the defendant.
3.Paragraph 1.
Reasons
1. In full view of the purport of Gap evidence Nos. 1, 2, 3, 5, 7, and 14 as to the cause of the claim, the plaintiff entered into a lease agreement with the defendant on September 28, 2010 on the lease term of part (28 square meters) of the real estate listed in the separate sheet (hereinafter “instant real estate”) between December 1, 2010 and November 30, 2015, with the lease deposit amount of KRW 220,000,000, monthly rent and management expenses, monthly rent of KRW 4,50,000 (hereinafter “the instant lease agreement”). The plaintiff paid KRW 40,000,000,000 out of the lease deposit with the defendant’s proxy on September 28, 2010, the defendant paid the remainder of the lease deposit to 30,000,0000,0000 won from October 16, 2010 to 30.
According to the above facts, the defendant was unable to perform his duty to allow the plaintiff to use and benefit from the above real estate due to the transfer of the defendant's ownership on the portion of the real estate in this case. The purport of the plaintiff's right to claim the return of the lease deposit through the delivery of a duplicate of the complaint in this case is deemed to include the declaration of intent to cancel the lease contract in this case. Thus, the defendant is obliged to pay the plaintiff KRW 220,000,000
In regard to this, the defendant argued that he only lent the name to D, that he was aware of the fact that he entered into the instant lease contract and that he was paid the lease deposit. However, as recognized earlier, the defendant held 615.9325/5 of the real estate of this case, and the defendant's agent C has a certificate of the personal seal impression.