1. The claim of this case is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Basic Facts

On March 16, 2012, the Defendant entered into a lease agreement with the Korea Land and Housing Corporation by setting the lease deposit amount of KRW 85 million and KRW 4,30,000 per month with respect to the leased housing Nos. 514, 102 (hereinafter “instant apartment”).

On August 2012, the Defendant paid the full amount of the lease deposit to the Korea Land and Housing Corporation with loans, etc. to community credit cooperatives, but delegated the right of lease transfer to D without moving into the apartment of this case, and issued the Defendant’s resident registration copy, copy of identification card, certificate of personal seal impression, and blank receipt on which the Defendant’s seal impression is affixed.

D Around October 25, 2012, around October 25, 2012, between the Plaintiff and the Defendant, a sub-lease contract (hereinafter “sub-lease contract of this case”) was concluded between the Plaintiff and the Plaintiff by setting the lease deposit of KRW 85 million and the lease term of the instant apartment by October 24, 2014.

D around November 17, 2012, around November 17, 2012, after receiving a deposit for lease under the instant sub-lease contract from the Plaintiff, D issued a receipt stating the name, amount, etc. of the Plaintiff to the blank receipt received from the Defendant.

In addition, the Plaintiff received from D a notarial deed from the Plaintiff to the effect that “the issuer: the Plaintiff, the addressee: the Plaintiff: the payment amount of KRW 85 million; the payment date: sight, and the date of issuance: November 17, 2012.” On November 19, 2012, when the payment of the said promissory note is delayed under the law firm 2008 No. 1008, the notarial deed was issued to the effect that there is no objection even if it is immediately subject to compulsory execution. The said notarial deed was commissioned by E on behalf of the issuer and the payee.

On November 19, 2014, the Plaintiff paid KRW 10 million to D for the purpose of increasing the lease deposit, and D issued a receipt to the Plaintiff under the name of “B Large D”.

The Korea Land and Housing Corporation shall be the Korean Land and Housing Corporation around July 2017.