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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. From October 26, 2017 to November 22, 2019, the Defendant is a current or former representative of school foundation D (hereinafter “D”) established under the Private School Act.
B. D owns three-story buildings on the ground of E, F, and G (hereinafter “instant land”). The instant land, which is the site for the instant building, was owned by H on November 10, 197, and increased to D on November 10, 1997, but the said gift contract was revoked by a fraudulent act revocation lawsuit, and thereafter, the Defendant acquired ownership on December 9, 2009 through I.
(c)
From March 31, 2003, the Plaintiff leased 53 square meters of the first-rise pharmacy (hereinafter “instant pharmacy”) among the instant building. The contract date, such as a lease agreement, etc., the lessor, the object, the deposit and rent, and the lease term, written by the Plaintiff with respect to the instant pharmacy, are as follows.
On March 31, 2003, the deposit money and the rent for the leased object of a contract: The deposit money for the pharmacy of this case: KRW 50 million per month: from March 1, 2003 to February 28, 2004: KRW 100 million per month: the deposit money for the Defendant school foundation: KRW 100 million per month from March 1, 2003 to KRW 100 million from March 28, 2004 (K Kindergartens): the district court on March 1, 2010 to KRW 1.7 billion from March 28, 2010 ( KRW 1.75 billion from March 2003): the deposit for the Defendant school foundation on March 1, 201 to KRW 1.18 billion from February 28, 2012: the deposit money for the Defendant school foundation on March 1, 201 to KRW 1.18 billion from March 1, 2005.
The rent for the site of the instant pharmacy by Defendant B: from February 1, 2017 to January 31, 2019, KRW 2530,000 to January 31, 2019: KRW 100,000,000 and KRW 100,000,000 before the donation of the building: monthly rent.