beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On February 20, 2002, the Plaintiff entered into a contract with the Defendant for the lease of three partitionss for the first floor among the land buildings of Bupyeong-gu, Seocheon-gu C (hereinafter “instant housing”) from the Defendant on April 20, 2002, with the deposit amount of KRW 100 million, and the lease period of April 2, 2002 from April 2, 2002 (hereinafter “instant lease contract”), and paid KRW 7 million out of the deposit amount to the Defendant on the same day.
B. On April 2, 2002, the Plaintiff, while paying the Defendant the remainder of KRW 93 million out of the deposit, made a move-in report on the first floor of the instant housing and moved in.
C. On April 1, 2004, the Plaintiff filed a lawsuit against the Defendant for the payment of the deposit amount of KRW 100 million with the Busan District Court Branch Branch of 2005Kadan18032, which became final and conclusive on December 14, 2005, and the above judgment became final and conclusive on February 4, 2006.
On October 10, 2007, the Plaintiff completed the registration on October 18, 2007 on the first floor of the instant housing under the order of lease registration (2007Kaman1056) issued by the Incheon District Court Branch Decision 2007Kaga1056.
E. On August 28, 2008, the Incheon District Court rendered a decision of compulsory auction D with respect to the instant housing, and the Plaintiff made a move-in report on December 2, 2009 to the "Yeocheon-gu E apartment 210-1104" on December 2, 2009.
F. On January 12, 2010, the Defendant filed an application for commencement of individual rehabilitation procedures with the Incheon District Court 2010Da1344, and was decided to authorize a repayment plan on June 8, 2010, and was decided to authorize a repayment plan on April 29, 2013. However, on December 12, 2014, the Defendant was decided to discontinue individual rehabilitation procedures.
G. Meanwhile, on May 7, 2014, upon the Plaintiff’s request, the Incheon District Court rendered a decision of compulsory commencement of the instant housing as the vice-supportF of the Incheon District Court. G purchased the instant housing from the Defendant on December 20, 2014, and completed the registration of ownership transfer on January 20, 2015, and thereafter, the Plaintiff as the Seoju District Court’s Young-dong Branch was 140 for the year 2015.