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1. The plaintiff's primary and conjunctive claims are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On July 20, 2012, the Plaintiff entered into a lease agreement (hereinafter referred to as “instant lease agreement”) with C (Lessor) on the first floor store (hereinafter referred to as “instant store”) from July 20, 2012 to July 24, 2012, and KRW 50 million (hereinafter referred to as “instant lease agreement”), and paid KRW 50 million to C around that time. On August 3, 2012, the Plaintiff obtained a fixed date from the director of the tax office having jurisdiction over the instant lease agreement and filed for registration of business.
B. Since then, at the time of the instant lease agreement with the Daegu District Court, the Plaintiff agreed to the Plaintiff at the time of the instant lease agreement, but did not implement the agreement, and accordingly, the instant lease agreement was terminated, and the Plaintiff filed a lawsuit seeking the return of deposit ( Daegu District Court 2012Kadan54826). In the conciliation case of the said lawsuit (Seoul District Court 2012Ma17894), the Plaintiff and C shall pay the Plaintiff KRW 50 million by March 15, 2013 between the Plaintiff and C. If the Defendant did not pay the said money by the due date, the agreement was concluded that the Defendant shall pay the Plaintiff a delay compensation calculated at the rate of 20% per annum from the date following the due date to the date of full payment.
C. On September 12, 2012, the Defendant leased KRW 470 million to C with interest rate of KRW 6.5% per annum, and concluded a mortgage contract with the maximum debt amount of KRW 610 million as to the instant building, and completed the registration of the establishment of the neighboring district court No. 3915, Sept. 12, 2012, Daegu District Court (Seoul District Court No. 39915, Sept. 12, 2012).
On March 5, 2013, the Defendant filed an application for voluntary auction on the instant real estate, and the decision on voluntary auction was rendered on March 6, 2013.
Daegu District Court E and the plaintiff also filed an application for a compulsory auction with respect to the real estate in this case with F.