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The plaintiff (appointed party)'s claim is dismissed.
2. The costs of lawsuit shall be borne by the plaintiff (appointed party).
Reasons
1. Facts of recognition;
A. On September 6, 2013, the Plaintiff and the designated parties (hereinafter “Plaintiff, etc.”) completed the registration of ownership transfer of C40/100 shares, the Plaintiff, the designated parties D, and each E 20/100 shares of real estate listed in the separate sheet (hereinafter “instant real estate”) on September 6, 2013.
B. In around 2019, the Plaintiff et al. requested the F Licensed Real Estate Agent Office to mediate the instant real estate amounting to KRW 25 million, monthly rent of KRW 1 million.
However, on October 30, 2019, upon the Defendant’s request for bank loans, C and the Plaintiff entered into a lease agreement with the designated real estate agent C and the Defendant, which entered into between the Plaintiff and the Defendant with respect to the instant real estate amounting to KRW 40 million (5 million is paid and received at the time of the contract. Any balance of KRW 35 million is paid and paid on December 31, 2019), KRW 850,000 (payment after December 31, 201), the rental period from December 31, 2019 to December 30, 2021 (hereinafter “lease agreement”).
C. On December 31, 2019, the Defendant entered into a contract with C and the Plaintiff (which is written in the lease agreement dated October 30, 2019, respectively as lessor and joint names) as the principal deposit. On October 30, 2019, the Defendant entered into a contract with KRW 40 million, monthly and KRW 850,000,000,000 according to the commercial lease agreement. However, according to the Defendant’s loan status, the Defendant entered into a verbal contract with KRW 25,00,000,000, monthly and KRW 1,000,000,000.
However, after the contract, the lessor suffered enormous property and mental damage due to the unilateral nonperformance of a unilateral verbal contract that the lessor would not adjust the deposit amount of KRW 40 million and monthly rent of KRW 850,000,000 on three occasions. However, on December 31, 2019, the lessor refused to comply with the Plaintiff’s reply, which is a joint right holder of the instant real estate, as of December 31, 2019.
The payment of 200,000 won in advance, 50,000 won in advance, 50,000 won in advance, toilets, toilets, scams, and 1st floor glass, etc.