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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 following facts may be found in the absence of dispute between the parties, or may be found in the testimony of the witness C by taking into account the following facts: Gap 1 to 4; Eul 1 to 3; Eul 1 to 3; and the purport of the whole pleadings:
On August 26, 2009, the Plaintiff leased two floors among the three-story detached houses owned by D (hereinafter “instant housing”) from D on August 26, 2009 by determining the lease deposit amount of KRW 80 million from October 10, 2009 to October 9, 201. The Plaintiff paid all the lease deposit amount to D around that time. On October 13, 2009, the Plaintiff completed the move-in report on the instant housing, and received the fixed date in the lease agreement (hereinafter “instant lease agreement”).
B. After that, the Plaintiff renewed the said lease agreement with D on October 201, and changed the lease term from October 10, 201 to October 10, 2013, and decided to increase the lease deposit from KRW 80 million to KRW 15 million (hereinafter “the instant deposit increase amount”). At that time, the Plaintiff paid KRW 25 million to D around that time.
In addition, instead of preparing a new lease contract, the Plaintiff and D stated in the middle of the instant lease contract that “the extension of the contract term (from October 10 to October 10, 201) to KRW 10 million from the sale of the deposit money for the lease on a deposit basis is increased to KRW 00 million,” and D signed next thereto.
C. After that, at the time of the expiration of the above lease term, the Plaintiff visited C, an employee of the certified judicial scrivener office run by the Defendant, and consulted C with the legal measures to secure the above lease deposit amount of KRW 15 million, and requested C to file an application for the registration of the house lease with respect to the above lease upon C’s recommendation.
C on July 5, 2013, the Suwon District Court rendered an application for the registration of housing lease (2013Kao653), and the said court rendered the instant housing on July 19, 2013.