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1. All claims against the Defendants are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff filed a lawsuit of demurrer against the distribution, claiming that the Plaintiff is a genuine lessee. The Defendants asserted that the Plaintiff is the most lessee who was the owner and sought the exclusion of distribution.
Inasmuch as the Plaintiff ought to prove the true fact that the Plaintiff is a lessee, it is deemed whether the Plaintiff can be recognized as a genuine lessee notwithstanding the Defendants’ rebuttals and counter-proofs.
2. On the grounds for the payment of the rent deposit, the Plaintiff: (a) the lessor is the Plaintiff’s husband and wife; (b) the Plaintiff’s husband and wife leased the Plaintiff’s total amount of KRW 466,846,986 (if the Plaintiff’s credit card couple uses it more than the Plaintiff’s husband and wife’s use) from February 2007 to May 2012; and (c) on August 17, 2010, the Plaintiff claimed that: (a) around August 17, 2010, the Plaintiff paid KRW 65,000,000 when the Plaintiff leased the instant real estate from C with the expiration of the lease term of the leased house residing therein; (b) again, around December 14, 2012, the amount of the rent increased to KRW 80,000,000,0000,0000,0000,000 were set off as part of the loan to be refunded to the Plaintiff; and (c) settlement as above, 300,00,00.
It is recognized that there was a considerable monetary transaction between the plaintiff, the plaintiff's husband and wife, and the plaintiff's husband and wife, as alleged by the plaintiff (Evidence A 4, 5). However, as the plaintiff is also a relative relative, the plaintiff and the landlord are relatively related to marriage, and even if the plaintiff is already liable for a large amount of debt, it is not possible to receive from the plaintiff in reality even if the deposit is increased, even if the deposit is increased, it is not acceptable to argue that the deposit is increased. In addition, even if there is a debt relationship, it is so strict calculation to increase the deposit by reflecting the market price.