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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The parties' assertion
A. On December 27, 2011, the Plaintiff asserted that the instant real estate was leased from the Defendant from the Defendant during the period from January 31, 2012 to January 30, 201, with the lease deposit amounting to KRW 250 million, and from January 31, 2012 to January 30, 2014, the Plaintiff leased the instant real estate to C with the lease deposit return claim against C, and the Defendant consented thereto.
Since the above lease agreement has expired on January 30, 2014, the Defendant asserts that the Plaintiff, the assignee of the right to return the lease deposit, is obligated to pay KRW 250 million and delay damages to the Plaintiff.
B. The Defendant asserted that the instant real estate was not leased to C. However, on January 14, 2012, the Defendant leased the instant real estate to Nonparty D, and that C, in collusion with D, forged the Defendant’s resident registration certificate using the Defendant’s personal information acquired at the time of the said lease agreement and entered into a false lease contract and a transfer contract by affixing the seals under the Defendant’s name and affixing the seals, etc., and is disputing that C received money from the Plaintiff by using it.
2. Therefore, as alleged by the Plaintiff, it is difficult to determine whether C leases the instant real estate from the Defendant and pays the Defendant the lease deposit amount of KRW 250 million to the Defendant, and thus, it appears that there is a claim for the refund of the lease deposit against the Defendant, and as it seems consistent with the Plaintiff’s assertion, the evidence No. 1 is indicated as evidence.
However, comprehensively taking account of the overall purport of the statements and arguments in Eul evidence Nos. 1 through 6 and 8 through 10, the Defendant leased the instant real estate to D on January 14, 2012 by setting the lease deposit of KRW 20 million, monthly rent of KRW 1.3 million, and the lease term from January 14, 2012 to January 13, 2013. On May 31, 2012, the instant real estate was leased to E as the lease deposit of KRW 10 million, monthly rent of KRW 1.4 million, and the lease term from June 29, 2012 to June 28, 2013.