1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On October 20, 2009, the Plaintiff entered into a lease agreement with the Defendant on the lease of KRW 50,000,000 from October 28, 2009 to October 27, 2012, the lease deposit amount of KRW 50,000,00 from October 27, 2012, and the rent of KRW 7,00,000 (hereinafter “the first lease agreement”) and received the instant real estate from the Defendant around that time.

B. On October 20, 2012, the Plaintiff concluded a lease agreement with the Defendant and the instant real estate from October 28, 2012 to October 27, 2015, with the term of lease of KRW 100,000,000, monthly rent of KRW 7,000 (hereinafter “the second lease agreement”).

[Ground of recognition] Facts without dispute, Gap evidence 5, 10 evidence, Eul evidence 1 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff operated a motor vehicle maintenance plant in the instant real estate. From February 2012 to February 1, 2012, the Plaintiff began to seek a replacement site upon receiving a request from the Defendant for delivery of the instant real estate upon expiration of the lease term of the first lease contract. However, the transfer to the substitute site was impossible until the lease term of the first lease expires.

Accordingly, the Plaintiff entered into the second lease contract with the Defendant, and agreed to grant the Plaintiff the right of early termination so that the Plaintiff may early termination of the second lease contract at any time.

Around December 2013, the Plaintiff revoked the second lease contract to the Defendant, but the Defendant did not pay the lease deposit to the Plaintiff.

Therefore, the Defendant is obligated to pay the Plaintiff the lease deposit KRW 100,000,000 and the delay damages.

B. The defendant alleged that he concluded the second lease contract with the plaintiff and did not grant the plaintiff the right of early termination.