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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. The parties concerned and C were legally married who completed a marriage report on November 22, 1996, but a judicial divorce became final and conclusive on May 12, 2017 at the end of the divorce lawsuit, and the Defendant is C’s mother and the former mother and the Plaintiff’s former mother.
B. 1) On February 29, 2012, the Plaintiff and C sold D 2001, Gangnam-gu Seoul, Seoul, the Plaintiff’s name on February 29, 2012. (2) On April 2012, the Plaintiff and C concluded a lease agreement with the lessor E on the lease deposit amounting to KRW 6,50,000 (hereinafter “instant lease agreement”) with regard to the instant apartment (hereinafter “instant apartment”) in the name of the Defendant around April 2012, the Plaintiff and C sold the said apartment, and completed the registration of the establishment of chonsegwon in the name of the Defendant as of April 26, 2014.
3) Meanwhile, the lease deposit amount of KRW 650 million (hereinafter “the instant apartment”) of the instant apartment is KRW 650 million.
(C) The registration of the establishment of the right to lease on a deposit basis under the name of the Defendant, which was completed on March 19, 2013, was transferred to G on the ground of transfer on March 19, 2013 as to the registration of the establishment of the right to lease on a deposit basis under the name of the Defendant, which was completed in the instant apartment.
2) On May 23, 2013, lessor E filed a claim against the transfer of the right to lease on a deposit basis. Since then C terminated the instant lease contract with lessor E, etc. by June 25, 2013, and written a written confirmation confirming that C will cancel the establishment of the right to lease on a deposit basis until June 25, 2013, and transfer the instant apartment. 3) Accordingly, the registration of the establishment of the right to lease on a deposit basis was cancelled on the ground of termination on June 25, 2013, and C from lessor E on the same day.