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1. The plaintiff's claim for the return of deposit against the defendants added at the trial of the court shall be dismissed.
2. The plaintiff.
Reasons
1. Basic facts
A. On December 23, 2011, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendants on the instant apartment Nos. 408 and 2903 (hereinafter “instant apartment”) in order to arrange for the co-defendant D (hereinafter “D”) of the first instance court, a licensed real estate agent, as well as the Defendants. The main contents are as follows.
Deposit: 230 million won: From December 29, 2011 to December 28, 2013 (matters of special agreement) - Under the status of sale rights - the lease contract under the status of sale rights - the condition that the contract moves into after setting up 60% of the amount of real loan compared to the sale price (the lessee moves the address of approximately one day to establish the bank after moving into the bank).
B. On December 30, 201, the Plaintiff paid to the Defendants a full deposit of KRW 230 million, and after moving into the instant apartment, made a move-in report to the address of the instant apartment, and received a fixed date in the instant lease agreement on the same day.
C. On March 28, 2012, when the Plaintiff continuously resided in the instant apartment, the Plaintiff changed his/her domicile to a different place designated by D on his/her resident registration. On March 30, 2012, the Plaintiff moved into the instant apartment again.
The Defendants completed the registration of creation of a neighboring mortgage of KRW 632,760,000 for Defendant C and the maximum debt amount of KRW 632,760,00 on the ground of a contract to establish a contract on March 28, 2012, which was received on March 28, 2012 by the Goyang-gu District Court, Goyang Branch of the Goyang-gu District Court with respect to the apartment of this case (hereinafter “Korea Bank”).
E. On April 6, 2016, the instant apartment was sold to F on October 26, 2016, upon the application of the Bank of Korea (hereinafter “instant voluntary auction procedure”).
F. In the instant voluntary auction procedure, Goyang-gu, Yongsan-gu, the first person holding the right to distribute dividends among KRW 619,391,768 of the amount to be actually distributed on November 30, 2016, is the first person holding the right to distribute dividends. 1,908.