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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a legal entity established on May 24, 2010 with the oil wholesale and retail business as its business purpose. The Defendant is a legal entity established on April 23, 2010 with soil and stone, soil and sand gathering and sales business as its business purpose.
B. On May 26, 2010, the Plaintiff and the Defendant concluded a sublease contract with the following contents as to the land equivalent to the size necessary for the Plaintiff’s simplified oil business among the land leased by the Defendant from the Defendant for aggregate extraction business (hereinafter “sublease contract of this case”). The Plaintiff paid KRW 200 million to the Defendant around that time.
Article 1 (Defendant) The location and area of the land to be sub-leased to B (Plaintiff) shall be determined by later consultation between A and B, and it shall ensure that the land in the roadsides through which vehicles for aggregate extraction and various equipment pass, is the land necessary for B to conduct a simplified oiling business.
Article 2 Sub-lease Period shall be three years from the date on which A obtains permission to extract aggregate from the competent authority for the leased land from C, and may be extended by consultation with A and B after the termination of the contract.
Provided, That this contract shall also be terminated automatically if the lease contract between A and C is terminated in the middle of the contract.
Article 3 Section B shall be paid KRW 200,000 to A as the sublease deposit in the event of a contract, and the sublease shall be paid at the end of each month from the date when this contract enters into force to the end of each month.
Article 4. The facilities necessary for a simplified oiling business shall be installed at the responsibility of B, but if the contract term expires, the land shall be returned to the original state after restoring the former to the original state at the expense of B and the responsibility of B. If the B is not restored to the original state, the expenses incurred therein shall be deducted from the deposit money.
Section 5. This contract shall be permitted to extract aggregate from the competent authorities on the land leased by A.