1. The claim of this case is dismissed.

2. The costs of lawsuit shall be borne by each person;

1. Basic facts

A. On June 2008, the Defendant was awarded a contract for interior works, etc. of a building (C; hereinafter “instant building”) constructed on the ground of Sungnam-si Subdivision B (hereinafter “instant land”) from Kimnam-si, Inc. (hereinafter “Non-party 2”) and subcontracted the Plaintiff’s painting work on July 2008.

B. The Plaintiff, among the instant buildings, has built paintings on the second, fifth, sixth and sixth floors and underground floors, and the construction cost for this was settled at KRW 34,300,000 in total among the Defendant around January 25, 2010.

C. On January 28, 2010, the non-party company entered into a contract for occupation and use (hereinafter “each of the instant contracts”) with the subcontractor including the defendant and the plaintiff (hereinafter “each of the instant stores”) on the five-story 6, 7, and 8 of the instant buildings (hereinafter “each of the instant contracts”) (this was certified by a notary public on March 11, 2010 as follows.

(1) On April 20, 2005, the non-party company (hereinafter “A”) entered into a contract for donation and free use with Sungnam-si, and the non-party company entered into a contract for donation with the content that the non-party company would build the instant building on the ground of the instant land owned by Sungnam-si and use the instant land and buildings free of charge for 20 years (hereinafter “the instant contract for donation”).

Based on B, the defendant and the subcontractor (hereinafter referred to as "B") shall occupy and use each of the stores of this case for 20 years.

(2) “B” shall hold office for each of the instant stores to “A” during the above occupation period, and “A” shall pay “B” the annual amount of 7% per annum for each of the instant stores supplied to “B” as rent.

(3) “B” means the respective supply amount of each of the instant stores (such as construction cost claims, etc.).