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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 July 15, 2015, the Plaintiff leased a building listed in the attached list owned by the Defendant (hereinafter “instant building”) from the Defendant to KRW 400 million, monthly rent of KRW 12 million, and the period from July 31, 2015 to July 30, 2017, the Plaintiff agreed to pay KRW 40 million, out of the lease deposit, on the date of the contract, to pay the down payment on July 31, 2015.
(hereinafter “instant lease agreement”). B.
At the time of the instant lease agreement, as of December 31, 2014, Han Bank Co., Ltd. was the mortgagee, and the establishment registration of the mortgage was completed over the maximum debt amount of 1.2 billion won against the Defendant (hereinafter “instant 1-mortgage”); and the Plaintiff and the Defendant entered into the said lease agreement with a special agreement (hereinafter “instant special agreement”) on the following terms: “The lessor is at least one billion won of the present loan, and additional KRW 200 million will be loaned.” (Paragraph 7).
C. As of July 30, 2015, the registration of the change of the right to collateral security, which reduces the maximum debt amount to KRW 1,560,00,000 on July 31, 2015, was completed on the following day: (a) Nonparty 3 (the representative director of the Defendant) as the mortgagee; and (b) the registration of the establishment of the right to collateral security was revoked on July 31, 2015, with the purport of reducing the maximum debt amount to KRW 1,560,000; and (c) the registration of the establishment of the right to collateral security was revoked on the same day.
Meanwhile, Article 4 of the instant special agreement states that “The number of buildings and the number of boiler defects during the term of the lease contract shall be repaired by the lessor,” and Paragraph 6 of the said special agreement states that “the lessor shall be the interval between the entire interior interior interior interior interior interior interior interior (the current second floor remodeling criteria) and the outside interior interior (the present second floor remodeling criteria) within July 31.”