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1. The Defendants jointly pay KRW 50,000,000 to the Plaintiff.
2. The plaintiff's remaining claims are dismissed.
3...
Reasons
1. Facts of recognition;
A. On February 9, 2017, the Plaintiff: (a) leased a lease deposit of KRW 50 million from February 2017 to February 20, 2019 (hereinafter “instant lease agreement”); and (b) leased a lease deposit of KRW 50 million from February 20, 2017 to February 20, 2019 (hereinafter “instant lease agreement”); (c) paid the said lease deposit of KRW 50 million to the Defendants from February 20, 2017 to February 20, 2017; and (d) was handed over from the Defendants.
B. On August 13, 2018, the voluntary auction procedure was initiated regarding F on August 13, 2018 (the Seoul District Court H, hereinafter “instant auction procedure”), and the Plaintiff filed a report on rights and a demand for distribution in the said auction procedure on August 28, 2018.
C. Meanwhile, Defendant B and D prepared a sales contract (hereinafter “instant sales contract”) on July 29, 2018, stating that they sell the said Defendants’ share in F with Company I (hereinafter “I”), and on September 21, 2018, the said company completed the registration of ownership transfer with respect to the said Defendants’ share in F.
On January 15, 2019, the Plaintiff sent to Defendant B and D a document verifying the content that the deposit will be returned because it does not want to renew the instant lease agreement, and Defendant D sold F. Accordingly, Defendant D sent text messages to the effect that it would send the instant sales contract, if necessary, upon contact with the buyer.
【Defendant B’s ground for recognition: Each entry in Gap’s evidence Nos. 1, 2, 3, 4, and 5 of the Civil Procedure Act, Defendant D’s purport of the whole pleadings, as a whole, and the purport of the entire pleadings, and the purport of each entry in Gap’s evidence Nos. 1, 2, 3, 4, and 5 of the Civil Procedure Act, the gist of the parties’ assertion
A. Defendant B and D transferred the leased object of this case to I, and the Plaintiff became aware of this fact on January 2019.