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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. Defendant B Co., Ltd (hereinafter “Defendant B”) was established by Nonparty F on June 28, 2013 by Nonparty F, and was designated by the Minister of Health and Welfare as an elderly-friendly enterprise on October 2013 and became subject to subsidies, such as real estate rental cost, facilities and equipment rental cost, facility investment cost, etc.
B. On February 20, 2014, Defendant B entered into a lease agreement (hereinafter “instant one lease agreement”) on the condition that the instant land owned by Nonparty G will be paid in advance between February 25, 2014 to February 24, 2019, and KRW 8,9640,000 (i.e., monthly rent of KRW 1490,000 x 60 months) during the said lease period, and paid KRW 8,964,00 to G in advance. At that time, Defendant B installed plastic houses, etc. to engage in the business purpose of elderly-friendly enterprises on the said land.
C. The Plaintiff and F was married on November 27, 1997, and the Plaintiff entered into a marriage report with G on February 26, 2014, and the Plaintiff paid at the time of the contract the purchase price of the instant land KRW 23 million, the down payment of KRW 30 million, and the remainder of KRW 173 million shall be paid on March 25, 2014. The terms of the special agreement are as follows: “The contract in the present state is the contract, and the present land lease is taken over at the present state.” Other matters are determined according to the Real Estate Act and the lease practices, and are completed the registration of ownership transfer on the instant land on March 14, 2014.
Defendant B, as of February 26, 2014, prepared a lease contract on the instant land between the Plaintiff and the Plaintiff on the same conditions as the instant one, and drafted a lease contract under the same conditions as that of the instant one with respect to the said land, and entered into a lease contract to be called “a contract under mutual agreement.” (hereinafter the said lease contract is referred to as “instant two lease contract,” and the said contract is referred to as “instant two lease contract,” to H under the Ministry of Health and Welfare in charge of the said subsidy work.