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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On September 24, 2013, Defendant A concluded a lease agreement to lease (i.e., the lease deposit amounting to KRW 170 million, and the lease period from October 25, 2013 to October 24, 2015, with the agreement to lease (i.e., the co-owners holding 1/2 shares of the instant real property) from Changwon-si, Yongsan-si C apartment 107 and 304 (hereinafter “instant real property”).
(hereinafter “instant lease agreement,” and written on September 24, 2013, “the first lease agreement”). At the time of the instant lease agreement, in order to prepare a lease agreement with a tenant as F, the first lease agreement was finally prepared by Defendant A to have the tenant as the tenant, and finally, Defendant A as the tenant.
B. Defendant A remitted KRW 17,864,768 to F on September 25, 2013, and F, on the same day, remitted KRW 17 million among them to D as down payment under the instant lease agreement.
Defendant A remitted KRW 150,500,000 to F on October 24, 2013, and F, on the same day, remitted KRW 150,000 to D as the remainder under the instant lease agreement.
C. On October 25, 2013, Defendant A, his father, G, and F of a fraud, completed a move-in report after receiving the instant real estate, and Defendant A obtained a fixed date in the first lease agreement on the same day.
On July 30, 2014, Defendant A received a loan of KRW 50 million from Korea Life Insurance Co., Ltd. (hereinafter “Korea Life Insurance Co., Ltd.”) as of October 24, 2015, and the loan interest rate shall be applied on a six-month basis, and 5.37% per annum shall be applied first, and where there is a delay, the interest rate shall be applied at the loan interest rate plus 8-10% per annum, and a pledge shall be established as to KRW 60 million from among the claims for refund of the deposit under the lease contract of this case as security for the loan.
(hereinafter “instant loan”). Defendant A is Defendant Seoul Guarantee Insurance Co., Ltd. on July 30, 2014.