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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. On July 9, 2003, C completed the registration of chonsegwon (hereinafter referred to as the “registration of chonsegwon”) with respect to the real estate listed in the attached list owned by Jungwon General Development Co., Ltd. (hereinafter “the instant real estate”), by June 11, 2013, the repayment period, by June 11, 2013, and by the registration of chonsegwon (hereinafter referred to as the “registration of chonsegwon”).
B. D on June 15, 2007, on the ground of the acquisition of the right to lease on a deposit basis from C, D completed additional registration of the right to lease on a deposit basis under its name.
C. On January 24, 2008, the Plaintiff completed the registration of ownership transfer in its name on the ground of purchase from the Jungwon Integrated Development Co., Ltd.
D On April 14, 2009, the Plaintiff filed a lawsuit against the Plaintiff for the return of the deposit money on the ground of the transfer of the right to lease on a deposit basis. On August 6, 2009, the Seoul District Court 2009Kahap2756 decided to recommend settlement that “the Plaintiff shall pay D KRW 60 million to D until July 25, 2009, and shall pay KRW 25 million to D until August 31, 2009,” and the Plaintiff paid all of the money in accordance with the decision to recommend settlement.
E. The Plaintiff did not cancel the registration of the establishment of the right to lease on a deposit basis, even though the obligation to return the instant right to lease on a deposit basis was extinguished. However, on December 28, 2009, the Plaintiff made an additional registration of the right to lease on a deposit basis for the transfer of the right to lease on a deposit basis of D’s transfer of the right to lease on a deposit basis (hereinafter “registration of lease on a deposit basis”).
F. On May 14, 2014, the Defendant lent KRW 200 million to F. Upon the Plaintiff’s request from G, E completed the additional registration of the transfer of chonsegwon (hereinafter “the transfer of chonsegwon 2”) on May 15, 2014 on the ground that the instant chonsegwon was transferred to the Defendant.
[Reasons for Recognition] Unsatisfy, Gap 1-5, Eul 1-4 (including virtual numbers), the purport of the whole pleadings
2. Determination
A. The registration of the establishment of the right to lease on a deposit basis of the Plaintiff’s assertion is the obligation to return the deposit money.