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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The parties' assertion
A. On June 7, 2015, the Plaintiff asserted that: (a) between C and C, the Defendant’s agent; (b) between Songpa-gu Seoul and two parcels of land owned by the Defendant, the lease deposit amount of KRW 100,000,000, and the lease deposit period of KRW 100,000, and June 7, 2016, respectively; and (c) around that time, the lease deposit was fully paid to the Defendant.
Afterward, the Plaintiff notified the Defendant of the refusal to renew the above lease agreement on April 25, 2016, and removed the above building from the building around February 28, 2017. The Defendant is obligated to return KRW 100,000,000 to the Plaintiff.
B. The Defendant’s assertion that the lease contract alleged by the Plaintiff constitutes a false contract concluded in order to secure 100,000,000 won invested in the business conducted by the Plaintiff with C, etc., which constitutes a false declaration of conspiracy, and thus, the Defendant cannot respond to the Plaintiff’s claim
2. Determination
A. According to the purport of each entry and pleading in the evidence No. 1, Gap evidence No. 1, Gap evidence No. 2, Gap evidence No. 4 through 6, Eul evidence No. 8, and Eul evidence No. 1, the plaintiff and the defendant's agent, around June 7, 2015, prepared a lease deposit agreement (hereinafter "lease deposit in this case") with the plaintiff's second floor F of building No. 2 located outside Songpa-gu, Seoul (hereinafter "the building in this case") located in two lots owned by the defendant from the defendant around June 7, 2015, with the lease deposit amount of KRW 100,000 (hereinafter "lease deposit in this case"), the lease term of which was to be leased from June 7, 2015 to June 7, 2016, the plaintiff transferred the lease deposit amount of KRW 100,000,000,000,000 won to the account of the defendant's G bank account (H: bank account number).
B. However, in addition to each of the above evidence, evidence Nos. 3, Eul evidence Nos. 2, Eul evidence Nos. 6 through 8 (including each number), and evidence Nos. 1, J, K, and L's testimony and arguments as a whole.