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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On July 24, 2012, the Defendant entered into a lease agreement with the Plaintiff on the condition that the lease deposit amount is KRW 30 million, monthly rent is KRW 2.9 million, and the lease period is from July 24, 2012 to November 23, 2014. On July 24, 2012, the Defendant paid KRW 30 million to the Plaintiff, and around that time, paid KRW 55 million to the lessee at KRW 55,00,000,000 for the lease deposit to the Plaintiff. The Defendant paid the Plaintiff KRW 30,000 to the Plaintiff on July 24, 2012, and then paid the Plaintiff KRW 55,00,000 for the premium in the said building (hereinafter “instant public notice source”).
(2) On September 19, 2012, the Defendant agreed to invalidate the above lease agreement with the Plaintiff and complete the registration of transfer of ownership in the name of the Defendant with respect to the instant public notice source. Accordingly, the Defendant, on September 10, 2012, prepared a real estate sales contract and a contract for the transfer and acquisition of real estate rights with respect to the instant public notice source as of October 19, 2012, stating that the Defendant would purchase the instant public notice source of KRW 395 million in the purchase price, and that the Defendant would purchase all the facilities and supplies related to the instant public notice source of KRW 180 million in the facility cost.
3) Meanwhile, on October 19, 2012, the Plaintiff and the Defendant: (a) stated that “the Plaintiff was given a loan of KRW 343 million to the Defendant on October 19, 2013 due date, instead of paying the said sales price and the time limit; and (b) stated that “The Plaintiff was given a loan of KRW 343 million to the Defendant on October 19, 2013” (hereinafter “notarial deed”).
(B) On October 24, 2012, the Plaintiff completed the registration of transfer of ownership in the name of the Defendant on the grounds of sale on September 10, 2012 with respect to the instant public notice board. (B) On January 24, 2013, the Plaintiff entrusted the Plaintiff’s agent and the obligee’s status in the position of the obligee on the law firm Seo-gu, and entrusted the Plaintiff with the Plaintiff’s agent and lent KRW 343 million to the Defendant as of February 24, 2013.