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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. C on October 24, 1997, the registration of ownership preservation has been completed to the buildings listed in the attached list (hereinafter “instant building”) and owned it.
B. B. On March 3, 2001, between the Plaintiff and C, the real estate lease agreement was concluded between C and C, setting the lease deposit amount of KRW 30,000,000 and the lease period of KRW 30,000,000, and the lease period of March 29, 2001.
With respect to the above contract, the date of March 31, 2001 obtained the fixed date.
C. C died on November 26, 2008. On March 4, 2009, the Defendant completed the registration of ownership transfer concerning the building of this case by setting the separate inheritance due to the consultation division as the grounds for registration.
Since then, the defendant filed a lawsuit against the plaintiff who possessed the first floor of the building of this case (Seoul Western District Court 2009Kadan13753), and the above court rendered a judgment accepting the defendant's claim on November 18, 2009, and the above judgment became final and conclusive on January 12, 2010.
E. Meanwhile, the Plaintiff lent money to C by remitting it to C several times.
(B) The Plaintiff filed a lawsuit against the Defendant, D, and E, the heir of the instant building, claiming that the amount remitted to C in accordance with the distribution of profits and losses was repaid, and that the lessee of the instant building subrogated for the lease deposit on behalf of C, and that the Defendant, D, and E, the heir of C, filed a lawsuit against the lessee of the instant building.
(Seoul Western District Court 2009Gahap7656). The above court cannot be deemed as a loan to C with respect to money transferred from the Plaintiff’s account to the Plaintiff’s account, and it is insufficient to recognize that the Plaintiff and C operated a real estate brokerage office with each other, and it is difficult to deem that the Plaintiff paid the lease deposit to the lessee of the building of this case by contributing the Plaintiff’s funds, and the judgment dismissing the Plaintiff’s claim on December 4, 2009. Although the Plaintiff appealed for this, the court appealed on November 25, 2010.