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1. The Plaintiff’s obligation to return the lease deposit under the lease agreement on December 3, 2010 against Defendant B, and Defendant C, D, E, and.
Reasons
1. Facts of recognition;
A. G, H, and I lent the name of the owner of the building from the Plaintiff and three other parties, and constructed JJD in Nam-si. The Plaintiff lent the above loan to G a building license and the name of the owner of the building to the above 102 loan (hereinafter “the loan of this case”). At the time of the construction of the loan of this case, the Plaintiff leased the construction of electrical equipment at the time of the construction of the loan of this case.
B. On July 10, 2009, the Plaintiff entered this case’s loan as the owner and owner on the aggregate building ledger, and completed the registration of ownership preservation in the name of each building listed in the separate sheet.
C. On June 2, 2009, K was sold in lots from K as a payment in lieu of loan claims against I, as indicated in Annex I (hereinafter “instant loan No. 405”).
Defendant B entered into a lease agreement with K, claiming that the right of representation was granted by the Plaintiff on December 3, 2010, with respect to 405 of the loan of this case, with respect to the lease deposit of KRW 60 million and the term of lease from December 24, 2010 to December 23, 2012 (hereinafter “instant lease agreement”). On December 23, 2010, Defendant B paid the above deposit of KRW 60 million to K and received a receipt in the name of the Plaintiff.
E. Meanwhile, L entered into a lease agreement (hereinafter “instant second lease agreement”) with M& who asserts that L was granted the power of representation from the Plaintiff on June 17, 2009, with respect to the buildings listed in attached Table No. 1 (hereinafter “instant loan No. 101”) as to the lease deposit amount of KRW 50 million, the lease term of KRW 1 million from July 1, 2009 to June 30, 201 (hereinafter “instant lease agreement”) and received a receipt in the name of the Plaintiff after paying the down payment of KRW 1 million and KRW 49 million from July 1, 2009 to M. on the same day.
F. On August 4, 2010, upon the death of L on August 4, 2010, Defendant C, F, and D (hereinafter “Defendant E”) who is the spouse, jointly succeeded to L’s property.
G. On July 4, 2012, the Plaintiff’s loan No. 101