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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 January 4, 2011, the Defendant: (a) stipulated that D, which was seeking to build and operate a Graart on the instant real estate owned by the Defendant on the instant real estate, set the lease deposit amount of KRW 250,000,000, and the term of lease from April 1, 201 to 84 months; (b) stipulated that “250,000,000 shall be set up under a special contract; (c) the lessor shall allow the lessee to sublease the real estate in the store during the contract period (if the lessee is not liable, the lessor shall not take any responsibility therefor); and (d) completed the registration of the establishment of a mortgage on the leased real estate, the maximum debt amount of the lease amount of KRW 250,00,000, and the building that will be constructed on the said land (hereinafter “H real estate”). Accordingly, on January 31, 201, the lessor completed the registration of the establishment of a mortgage on the instant real estate owned by the Defendant.
B. On April 29, 201, the Plaintiff leased 150,000,000 won for the lease deposit, and 15,000,000 won for the lease from D on May 12, 201, and one year from May 12, 201, as the lease deposit, and paid the intermediate payment of KRW 35,00,000 on May 2, 201, and the remainder payment of KRW 100,000 for the remainder payment of KRW 10,000 until May 222, 2011 shall be paid each by a special agreement, and the special agreement provides that “the payment of the deposit shall be made in the amount of KRW 15,00,000 for the lease deposit (the creation of the deposit within the G,000,000)” and “the establishment standards for the remainder payment from the date of payment of the deposit.”
C. On the other hand, as of May 2, 201, the date of the contract between the Plaintiff and D for the payment of intermediate payment, “I” No. 5 (hereinafter “each of the instant letters”) was drawn up. The content is as follows, and the rubber sealed at the bottom of each letter is indicated as “D” in the tenant column, “D” in the lessor column, and “I” in the lessor column, and the signature column was seen as “D” in the signature column, and the signature column of “B” is deemed as “B” in the signature column, and the Defendant’s resident registration certificate is duplicateed in the following pages.
A land owner BD, land area: B, and tenant: D [Contents 1] Place of business: Osan City c.