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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. The Plaintiff entered into a lease agreement with the Defendants on the part of the building owned by the Defendants, and the said lease agreement was terminated at the expiration of the contract term, or it was no longer possible to use and benefit from the leased object due to the voluntary auction procedure, and thus, even though the Defendants demanded the return of the lease deposit, the Defendants did not comply with it up to now. Therefore, the Defendants jointly and severally held that they are liable to pay the Plaintiff the lease deposit amount of KRW 80
B. The Defendants asserted that the Plaintiff received total amount of KRW 62 million as reported to the Plaintiff in the course of a voluntary auction proceeding with respect to real estate owned by the Defendants, and that the Plaintiff, on December 24, 2012, prepared a letter of commitment (Evidence 2) to the effect that the Plaintiff would not assert any claim regarding the return of deposit, and delivered it to the Defendants. Therefore, the Defendants asserted that the Plaintiff did not have the duty to return the lease deposit to the Plaintiff.
2. Facts of recognition;
A. On June 16, 2011, the Plaintiff leased, from the Defendants, the first, second, and second floor among the D ground buildings in Daejeon-gu, Daejeon-gu, the deposit amount of KRW 80 million, monthly rent of KRW 2 million, and the period from July 15, 201 to July 14, 2013, and paid the said deposit to the Defendants.
B. On November 30, 2007, E completed the registration of creation of a neighboring mortgage with respect to F land, D land, and building on land (hereinafter, “instant real estate”) of Dong-gu Daejeon, Daejeon, Daejeon, in order to secure the loan claims against Defendant B, with the maximum debt amount of KRW 140 million, the debtor, B, and the mortgagee E.
C. On July 2, 2012, a voluntary decision to commence auction was rendered upon the request of the National Bank of Korea Co., Ltd. regarding the instant real estate, and the voluntary decision to commence auction was rendered on July 27, 2012 upon the request of the Korea Credit Guarantee Fund of the mortgagee regarding D land and ground buildings among the instant real estate, and the said decision was rendered.