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1. The primary Defendant B received from the Plaintiff the delivery of No. 9 E of the Busan Jin-gu D building from the Plaintiff at the same time.
Reasons
1. Facts of recognition;
A. Defendant C received a proposal from Nonparty F that “I will pay KRW 2 million if I lend the name.” On November 3, 2014, Defendant C lent to F the purchase of the D Building No. 9-E (hereinafter “instant real estate”) and the title of the secured loan.
Accordingly, on November 6, 2014, the registration of ownership transfer in the name of Defendant C was completed by the Busan District Court No. 61533 on November 6, 2014.
B. On the other hand, on July 22, 2017, F entered into a lease agreement with the Plaintiff on the instant real estate in the name of Defendant C without any deposit of KRW 70,000,000 or monthly rent (hereinafter “instant lease agreement”). Accordingly, the Plaintiff received the instant real estate on August 4, 2017.
9. He shall complete a move-in report; and
C. On October 16, 2017, Defendant B concluded a contract to purchase the instant real estate from Defendant C with KRW 135,000,000 (hereinafter “instant sales contract”).
At the time, Defendant B received notice from F that there was a lease agreement that causes KRW 5,00,000, monthly rent of KRW 600,000 for the Plaintiff (hereinafter “instant monthly rent contract”) from F, and completed the registration procedure for transfer of ownership of the instant real estate on October 18, 2017, with the fact that Defendant B received a lease agreement that stated KRW 24 months from October 18, 2017, KRW 5,000,000 for monthly rent of KRW 60,000 for the instant monthly rent of KRW 5,00 for the instant monthly rent of KRW 60,00.
The plaintiff filed a complaint against the defendants that he/she acquired 70,000,000 won as security deposit.
However, in the case of Defendant C as a result of the investigation by the investigative agency, on the ground that “F only lent the ownership of the instant real estate owned by it is nothing more than that of the Plaintiff and there is no involvement in the lease contract and receipt of money between the Plaintiff and the Plaintiff.”