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The plaintiff's claim against the defendants is dismissed in entirety.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. On April 14, 2016, the Plaintiff concluded a lease agreement with the Defendants during the period from April 26, 2016 to April 26, 2018, with respect to the Jinju-si E apartmentF (hereinafter “instant apartment”) in which the Defendants and the Defendants jointly share one-third shares, setting a deposit of KRW 160,00,000, and the term of lease from April 26, 2016 to April 26, 2018
(hereinafter “instant lease agreement.” The Plaintiff began to reside in the instant apartment after filing a move-in report on April 27, 2016 with the Defendants, after paying the entire deposit to the Defendants.
B. The Plaintiff agreed to increase the Defendants’ deposit amounting to KRW 10,00,000 and to extend the lease term to April 27, 2020 at the expiration of the lease term under the instant lease agreement. The Plaintiff paid the Defendants the above KRW 10,00,000 to them, and resides in the instant apartment.
C. The Defendants concluded a sales contract with G Co., Ltd. (hereinafter “G”) on March 19, 2019, and completed the registration of ownership transfer with respect to the instant apartment on March 22, 2019.
Since then, G concluded a sales contract with H on May 10, 2019 for the instant apartment, and completed the registration of ownership transfer with H on June 17, 2019.
[Ground of recognition] The fact that there is no dispute, Gap's 1 through 8, Eul's 2 (including each number; hereinafter the same shall apply), the whole purport of pleading
2. On the grounds delineated below, the Defendants still hold a lessor status under the instant lease agreement. Therefore, the Plaintiff should pay a deposit of KRW 170,000,000 under the instant lease agreement and damages for delay.
The Plaintiff raised an objection that the Defendants did not want to succeed to the status of the lessor within a reasonable period after selling the instant apartment.
B. The Defendants have multiple apartment houses in the Jinju area and leased them, and the apartment market price becomes a security deposit due to the aggravation of real estate competition.