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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 August 12, 2007, C entered into a lease contract with the Defendant on the second floor E of the building of Yangcheon-gu Seoul Metropolitan Government (hereinafter “the instant house”) with respect to the lease deposit of KRW 70 million, and from August 12, 2007 to August 11, 2009, with respect to the lease deposit of KRW 70 million, and from August 12, 2007, with respect to the instant house as to the lease deposit of KRW 70 million and its duration from August 12, 2007 to August 11, 2009 (hereinafter “the instant lease registration”). In order to secure the right to lease on a deposit basis, C was established on August 21, 2007, with respect to the instant house as the lease deposit of KRW 70 million, its return period from August 11, 2009 to August 11, 2009.
B. Since then, on May 3, 2015, a lease contract was concluded between the Defendant’s Dong G and F, delegated by the Defendant, with respect to the instant house, with the intention of changing the person having the right to lease of the instant house from C to F at the request of C, and the lease contract was concluded between May 3, 2015, and between May 4, 2015 and May 3, 2017. The said contract contains a special clause that “F is the current lessee as the waiver of the lease of the former lessee C. The lease contract is terminated regardless of the period of the transfer of ownership due to the sale and purchase, and the lessee is between directors.”
At the time, the deposit was not actually received between C and the Defendant, and the Defendant and the Defendant, and the deposit was replaced by the deposit for the deposit for the deposit for the new deposit for the lease contract between C and the Defendant.
C. On May 1, 2015, around the time of the conclusion of the aforementioned lease contract, C transferred the resident registration from the instant house to another place, and F obtained a fixed date in the pre-contract entered into by the Hdong community service center as of May 6, 2015.
On May 27, 2015, the Plaintiff filed a claim against the Defendant for the amount of KRW 54,024,170 regarding the claim for the refund of deposit for lease on a deposit basis with respect to the instant house owned by C.