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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On April 5, 201, the Defendant leased D the lease deposit amount of KRW 50,000,000,000 for the land for the stock farm in Yeongdeungpo-gu, Young-gu (hereinafter “instant land”) and KRW 1,000,000 for the rent month.
B. On the other hand, on April 5, 201, E and F leased KRW 50,00,000,000 for lease deposit, and KRW 2,50,000 for rent, to I (hereinafter “I”).
C. D transferred KRW 1,00,000 on April 5, 201, and KRW 9,000,000 on April 20, 201 to each E account, as down payment under the above two lease agreements.
D above A.
At the time of entering into the lease agreement stated in the subsection, the broker J and K sought an explanation of the land of this case, which is the object of brokerage, and directly signed the tenant column of the confirmation statement (Evidence B 1). The above confirmation statement contains D's mobile phone number (L).
[Ground of recognition] Facts without dispute, Gap 1, 4 evidence, Eul 1 to 3, and 7 evidence (including branch numbers in the case of additional numbers), the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion and D operate a partnership business that newly constructs and operates a motor vehicle maintenance plant on the instant land and the neighboring land of Yeongdeungpo-gu G and H. The land lease deposit was assessed against D, and the cost of new construction of a factory was assessed against the Plaintiff.
In order to secure the Plaintiff’s investment, the Plaintiff, Defendant, and D agreed to the name of the lessee of the lease on the instant land as the Plaintiff.
Since the Defendant, the lessor of the instant land, and the lessor of the said G, H land, and E and F, the lessor of the instant land, violated the duty to require I to terminate the lease agreement and deliver it to I, and provide other lessee with a benefit from using the instant land by double lease, etc., the lease contract is terminated and the return of the lease deposit is sought.
B. The defendant alleged that he leased the land of this case to D.