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1. The plaintiff's claim against the defendant B is dismissed.
2. Defendant C: (a) KRW 165,000,000 for the Plaintiff and its related expenses.
Reasons
1. Basic facts
A. On February 13, 2017, the Plaintiff entered into a lease agreement with Defendant B and Defendant B (hereinafter “instant real estate”).
As to the instant lease agreement, between February 21, 2017 and February 20, 2019, and the deposit amount of KRW 165 million (hereinafter “instant lease agreement”).
(2) Around February 14, 2017, the Plaintiff concluded a move-in report with the instant real estate and obtained a fixed date on the instant lease agreement.
B. On January 21, 2019, Defendant B entered into a sales contract with Defendant C with respect to the instant real estate at KRW 160 million, and on the same day, Defendant C completed the registration of ownership transfer regarding the instant real estate. (2) The payment of the purchase price of the instant real estate was to substitute for Defendant C to succeed to the obligation to return the lease deposit of Defendant B, and Defendant B paid the difference of KRW 5 million to Defendant C.
C. The Plaintiff’s director 1) delivered the Defendant B with no intention to renew the instant lease agreement four months prior to the expiration of the instant lease agreement. (2) On January 23, 2019, the Plaintiff confirmed that the owner of the instant real estate was changed from Defendant B to Defendant C and immediately succeeded to the lease deposit. Since the Plaintiff paid the purchase price of the real estate purchased after the return of the lease deposit to Defendant C, the Plaintiff asked Defendant C to return the lease deposit on the expiration date of the instant lease agreement.
On February 19, 2019, the Plaintiff notified Defendant C of the above contents by content-certified mail.
3. The Plaintiff was unable to refund the lease deposit from Defendant C on or around March 13, 2019, and completed the registration of the housing lease concerning the instant real estate on the basis of the court's order of lease on or around March 13, 2019.