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1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
On the premise, the defendant newly constructed the real estate listed in the attached list through C, which had been engaged in construction-related affairs before several years, and completed the registration of initial ownership on August 31, 201.
The Plaintiff, who was in de facto marital relationship with C, was living together with C from August 201 to August 201, 401 (hereinafter “instant house”) of the real estate listed in the attached Table list as multi-family house, which was multi-family house, and went out from C on August 2013, and C was residing in the instant house until now.
C engaged in a building-related business and traded by using a financial account in the name of the Plaintiff, and paid living expenses to the Plaintiff during the de facto marriage period.
【No dispute over the basis of recognition”: (a) the entries in the evidence Nos. 8 and 14; and (b) the determination as to the ground for a claim as a whole of the pleadings (to be seen as both the principal claim and the conjunctive claim); (c) the Plaintiff’s assertion entered into a lease agreement between the Defendant and the Defendant on June 13, 201, under which the instant house was entered into between the Defendant and the term of lease from August 16, 201 to August 15, 2013; and (d) the Plaintiff entered into a lease agreement with the Defendant for the term of lease from August 16, 2011 to seeking the return of the deposit; (e) however, it is apparent that the said agreement is not the “lease” under the Civil Act.
On June 10, 2013, the above lease contract was terminated upon the expiration of the term by notifying the defendant that he/she did not wish to renew the lease contract.
Meanwhile, the Plaintiff paid directly to the Defendant KRW 110,00,000 among the above lease deposit, and the remainder KRW 40,000,000 to the Defendant was offset against the claim for construction price held by the Defendant by C in a de facto marital relationship with the Plaintiff. Since C bears the obligation of KRW 40,000,000 to the Plaintiff, the Defendant shall return to the Plaintiff the full amount of KRW 150,00,000 as the lease deposit.
Meanwhile, on September 2, 2013, the Plaintiff completed the right of lease registration on the real estate stated in the separate sheet and moved on September 3, 2013 to the Defendant.