beta
Text
1. The plaintiff (appointed)'s claim is dismissed.
2. The costs of lawsuit shall be borne by the plaintiff (appointed party).
Reasons
Basic Facts
C On March 11, 2013, the Plaintiff entered into a lease agreement with D to lease (hereinafter “instant lease agreement”) with respect to the E Apartment 644, 1003, 1003 (hereinafter “instant apartment”) with D and Sungsung-si (hereinafter “instant apartment”), with a period of KRW 280 million from April 2, 2013 to April 2, 2015, and the lease deposit is paid to D and paid to D on April 2, 2013.
3. A move-in report shall be completed; and
D The Defendant, the wife of the instant apartment, completed the registration of ownership transfer on March 5, 2014, 36956, which was received on March 6, 2014, with respect to the shares of 1/2 of the instant apartment.
D As a result of the death on March 29, 2014, the heirs, including the Defendant, jointly inherited the remaining 1/2 shares of the instant apartment among the instant apartment owned by the deceased D, by inheritance shares, but the heirs, including the Defendant, were judged to accept each report of inheritance-approval by the Suwon District Court 2014Ra1387.
After all, on November 11, 2015 with respect to the remaining remaining 1/2 shares, a formal auction procedure for liquidation was conducted with the Suwon District Court F, and the Plaintiff, etc. was jointly awarded a bid of KRW 150,100,010 for each of the instant apartment units, and completed the registration of ownership transfer on July 12, 2016 due to the sale due to a formal auction for liquidation, with the Suwon District Court, No. 123649, Jul. 21, 2016.
C filed a lawsuit against the Plaintiff, etc. and the Defendant for the return of the lease deposit (hereinafter “related cases”) with the Suwon District Court 2016Gahap78475, and on April 14, 2017, the judgment was rendered that “the Plaintiff, etc. and the Defendant jointly pay C KRW 280 million.”
[Grounds for recognition] The plaintiff et al. and the defendant are liable to return the lease deposit amount of KRW 280 million to C based on the judgment of the related case. The plaintiff et al. and the defendant are liable to return the lease deposit amount of KRW 280 million.