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1. The plaintiff's claim against the defendants is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The parties' assertion
A. The Plaintiff’s mother, the mother, leased from Defendant C the second floor and underground (hereinafter “instant real estate”) among the real estate listed in the separate sheet, and Defendant B currently uses the instant real estate.
However, on June 14, 2016, D died, and the Plaintiff, the inheritor, against D’s Defendant C, notified that the lease contract for the instant real estate cannot be extended due to D’s death. Thus, D’s termination.
Therefore, Defendant B is obligated to deliver the instant real estate (the Plaintiff is seeking delivery of the entire real estate indicated in the separate sheet in the purport of the claim, but since the subject matter of the lease agreement is the instant real estate, its genuine purport seems to be seeking delivery of the instant real estate) to Defendant C. At the same time, Defendant C is obligated to return KRW 10,000,000 to the Plaintiff, who is the heir of D, as well as the delivery of the instant real estate.
B. The lessee of the instant lease agreement is not D but E, and E is the representative of Defendant B.
Since E leased the instant real estate to establish Defendant B office, the instant lease deposit was contributed for the establishment, etc. of Defendant B.
C. Defendant C consented to the termination of the instant lease agreement, and the genuine right holder shall return the remaining money after deducting the overdue rent, etc. from the lease deposit.
2. The Plaintiff’s assertion of determination is based on the premise that the Plaintiff’s mother is a lessee of a lease agreement on the instant real estate. Therefore, this is examined.
According to the evidence No. 1-1, No. 2, and No. 3, the fact that the lease agreement on the real estate of this case was made between Defendant C and D is recognized.
However, in full view of Eul's evidence Nos. 1 and 2, Eul's evidence Nos. 3-1, Eul evidence Nos. 4 and 5, witness F's testimony and the whole purport of oral argument, one of the instant cases.