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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On February 28, 2002, D (the husband of the Plaintiff) entered into a lease agreement with Defendant B on the condition that the lease period for the whole first floor of the F-based building in Gangdong-gu Seoul, Gangdong-gu, Seoul (hereinafter referred to as the “instant store”) owned by E is 24 months from March 11, 2002, the deposit is 50 million won, and the monthly rent is 1.5 million won (hereinafter referred to as the “first lease agreement”).
B. Defendant C (Defendant B’s wife) completed the registration of ownership transfer on April 3, 2002 for the instant store on the grounds of sale on February 1, 2002.
C. Since then, around April 207, 2007; March 10, 2008; and January 2010, respectively, a lease agreement was concluded in the order of Defendant Cro, lessee, G, H, and I; on February 1, 201 and April 18, 2013, a lease agreement was concluded between the lessor and the Plaintiff, respectively.
After the Plaintiff’s husband D paid KRW 50 million to Defendant B according to the first lease agreement, he occupied the instant store for about 12 years from March 11, 2002 to February 20, 2014.
E. On June 25, 2014, Defendant C deposited KRW 44,832,747 out of the lease deposit amount of KRW 50,000,00,000 with the Seoul Central District Court (Seoul Central District Court Decision 13561) as the principal deposit. The Plaintiff reserved an objection on October 27, 2014 and received the said deposit.
[Ground of recognition] Unsatisfy, Gap evidence 1, Eul evidence 1, Eul evidence 1, 3, 4 (including each number), the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The Plaintiff’s argument is the Plaintiff, D, and the Defendants’ husband and wife. If the Defendants purchased the instant store at the time of the initial lease agreement and did not complete the registration of ownership transfer, the Plaintiff’s husband and wife did not transfer the right of lease if the Plaintiff’s husband and wife pays KRW 12 million to them.