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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On April 7, 2009, the Defendant purchased from C, as a private letter, the title transfer registration was completed on the same day on the grounds of sale and purchase, from among the buildings D, E, and F ground G buildings, the underground first floor H and the underground second floor I (hereinafter “each of the instant real estate”).
B. In order to secure the remaining purchase price of KRW 500 million from the Defendant on the day of the above sale, C obtained the registration of creation of a mortgage consisting of the maximum debt amount of KRW 500 million, the debtor, the debtor, and the mortgagee C (hereinafter referred to as the “mortgage”) with respect to each of the instant real estate from the Defendant, and continued to operate the private loan (hereinafter referred to as the “instant private loan”) by setting the lease deposit amount of KRW 400 million, monthly rent of KRW 12 million, and the lease period from April 7, 2009 to April 6, 2010.
C. On February 23, 2010, C leased each of the instant real estate, on which he leased the instant real estate to J, set the deposit amount of KRW 5 million in the instant instant box or hot spring, as the period from March 15, 2010 to 24 months, and received KRW 5 million in the sublease deposit from J.
The above lease agreement between the Defendant and C was terminated on November 17, 201. Around that time, K, who had C’s employees, leased the instant private house at the monthly rent of KRW 6 million by a verbal contract with the Defendant, and the Defendant used and profit from the instant private house until February 24, 2015, when it lost the ownership of each of the instant real estate.
E. After that, J attached C’s instant collateral security claim on February 15, 201 with the claim for the refund of the said sub-lease deposit, which caused uneasiness in C’s financial resources, as the preserved claim.
F. On October 201, K presented a complaint against the provisional attachment of the above-mortgaged claim by J, and notified the J to suspend the operation of the store. On October 28, 2011, J terminated the sub-lease relationship with the store, refunding KRW 5 million of the subleased deposit and terminating the sub-lease relationship with the store, and on November 3, 201, attached the above-mortgaged claim.