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1. The part of the Plaintiff’s claim for the confirmation of existence of the obligation shall be dismissed among the primary claims of the Plaintiff’s counterclaim.
2...
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. Defendant C completed the procedure for ownership transfer registration on July 9, 2015 with respect to the real estate listed in the separate sheet (hereinafter “instant apartment”). At that time, Defendant C granted the right of representation to Defendant C to enter into a lease agreement to receive deposit and monthly rent for the instant apartment (hereinafter “monthly lease agreement”).
B. On July 8, 2015, Defendant D entered into a lease agreement with Defendant B on behalf of Defendant C, which does not include KRW 120,000,000, and monthly rent (hereinafter “instant lease agreement”) with respect to the instant apartment, and received KRW 120,000,000 from Defendant B.
However, Defendant D notified Defendant C that it entered into a lease agreement with Defendant C with KRW 10,00,000, monthly rent of KRW 500,000 (hereinafter “instant monthly rent agreement”).
C. On July 17, 2015, Defendant B obtained a fixed date in the lease agreement of the instant lease contract and transferred the said apartment to the instant apartment at around that time, and is in possession of the said apartment as of the date of closing argument.
On August 19, 2015, when the Plaintiff entered into a sales contract with Defendant C on the instant apartment, the Plaintiff decided to succeed to the obligation to refund the deposit amount of KRW 10,000,000 under the monthly rent contract with Defendant B, and subsequently completed the procedure for the registration of ownership transfer under the Plaintiff’s name on August 20, 2015.
Defendant D was convicted of the facts charged by deceiving the size of the lease deposit against Defendant B and taking the purchase money, and was sentenced to a conviction.
(A) There is no dispute between the parties (based on recognition), Gap evidence 1 to 5, Eul evidence 1 to 5, Eul evidence 1 to 4, and Eul evidence 1 to 4.