1. All of the plaintiff's claims are dismissed.

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

Facts of recognition

A. The building listed in the [Attachment List (hereinafter collectively referred to as the “instant real estate”) was used as “D Hospital”. However, around November 201, the Plaintiff concluded a lease agreement with Defendant B and the instant building’s 1 and the second floor funeral hall (hereinafter “instant funeral hall”) on the lease deposit amounting to KRW 250 million and KRW 4 million per month of rent (hereinafter “instant lease agreement”).

B. Around August 2011, prior to the foregoing lease agreement, the construction work was performed on the instant funeral hall, and the Plaintiff paid approximately KRW 350 million as the construction cost.

C. On November 4, 2011, Defendant B prepared and awarded to the Plaintiff a certificate of borrowing “I verify that I will borrow KRW 00,000,000,000,000” (hereinafter “the instant certificate of borrowing”).

Defendant B established the Defendant Medical Corporation C (hereinafter “Defendant Medical Foundation”) on June 2, 2015, and donated the instant real estate to the Defendant Medical Foundation on June 12, 2015, and the Defendant Medical Foundation completed the registration of ownership transfer on June 16, 2015.

E. On February 26, 2016, Defendant Medical Foundation filed a lawsuit seeking the delivery of the instant funeral hall with the termination of the instant lease agreement due to the Plaintiff’s delay of rent. During the said lawsuit, the Plaintiff transferred the instant funeral hall to the Defendant Medical Foundation.

F. The Defendant Medical Foundation returned KRW 79,316,357 as the Plaintiff’s deposit for lease on June 3, 2016.

[Ground of recognition] In the absence of dispute, Gap Nos. 2, 4, 5, and Eul Nos. 5 (including Serial numbers; hereinafter the same shall apply), and the purport of the whole pleading of the parties concerned as to the assertion by the plaintiff, which was around August 201, the defendant Eul borne KRW 250 million out of approximately KRW 350 million of the cost of substantial repair works of the funeral hall of this case, which had been around August 201, and paid to the plaintiff at the time of termination of the lease contract of this case.