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1. The plaintiff's claim against the defendant C is dismissed.
2. Defendant B: (a) KRW 502,601,669; and (b) August 2013, 2013.
Reasons
1. Facts of recognition;
A. Defendant B’s ownership acquisition (i.e., the purchase of the instant land) and the second-story housing (hereinafter “previous housing”) on March 25, 2004, KRW 1 billion from D, the former owner, KRW 50,000,000,000,000,000,000 and KRW 246.5 square meters in Mapo-gu, Mapo-gu, Seoul (hereinafter “instant land”) and completed the registration of ownership transfer on June 17, 2004.
At the time of Defendant B’s purchase, the previous house was left alone with the fire that occurred on July 20, 2003, and most of the internal house st and second floors, and was used as a place of waste disposal and the wife of the elderly, and thereafter, Defendant B did not perform any specific restoration work except for the wastes disposed of in the cost of KRW 1.8 million around June 15, 2004.
B. (1) On January 11, 2005, the Plaintiff concluded a lease agreement between the Plaintiff and the Defendant B with respect to the instant land and the previous housing at the Plaintiff’s expense, repair of the housing, alteration of the purpose of use to neighborhood living facilities, and use it as a building for business use. On January 11, 2005, between Defendant B and the Defendant B, the lease agreement was concluded between the Plaintiff and the Defendant, with a deposit for lease of KRW 50 million, monthly rent of KRW 350,000,000 for the instant land and the previous housing, and approximately 14 months for the period (payment calculated from February 14, 2005 to April 30, 2006). However, the said agreement includes the following:
Where a lease contract is terminated under Article 5, the lessee shall restore the above real estate to its original state and return it to the lessor, and the lessor shall refund the deposit.
Matters of special agreement
1. The lessee shall not require the lessor to complete all of the premium and time facilities;
5.The lessee shall assume all civil and criminal responsibilities for the collapses or defects that occur in the course of repair and use of the leased part.
6. The use of the present leased object is a house, and the lessee will entirely implement the transition into a neighboring life, but the lessor's cooperation is required.