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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 following facts may be found either in dispute between the parties or in Gap evidence Nos. 1 through 4 (including paper numbers; hereinafter the same shall apply), Eul evidence Nos. 1 and 2, together with the overall purport of the pleadings. A.
On May 22, 2013, the Defendant: (a) concluded a special agreement (hereinafter referred to as “the instant building section”) with the Plaintiff on a deposit of KRW 200 million, monthly rent of KRW 13 million (in addition to value-added tax; hereinafter the same shall apply); and (b) from June 1, 2013 to May 31, 2018, on condition that the rent after 30 months have elapsed from the lease period shall be determined by consultation with the lessor and the lease period shall be terminated on November 30, 2015, and the instant building portion shall be delivered to the lessor around that time.
B. On December 9, 2014, the Plaintiff succeeded to the status of lessee with respect to the instant building portion, and entered into a contract with the Defendant to lease the instant building portion with a deposit of KRW 200 million, monthly rent of KRW 13 million, and the term fixed on May 31, 2018, and to succeed to the terms of the first lease contract, including the instant special agreement (hereinafter “second lease contract”) on November 30, 2015, the lease agreement between the lessor and the lessee is terminated as of November 30, 2015: Provided, That the term of chonsegwon may be extended at the time of completion of the extension of the lease contract after consultation with the Defendant (hereinafter “special agreement”) and then, at the time of such conclusion, the lease agreement is concluded with the Defendant as of December 30, 2015: (a) the deposit amount of KRW 200 million is paid to the Defendant; and (b) the term of lease on a deposit basis from December 14, 2014 to 100 million.