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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 February 10, 2012, the Plaintiff, as the owner of each land listed in the separate sheet (hereinafter “instant land”), entered into a lease agreement with C (hereinafter “D”) on the condition that the land of seven parcels, including the instant land, is to be leased by setting the lease deposit as 160 million won, 3.5 million won per month, and 60 months from the date of the lease contract. The Plaintiff, as the owner of each parcel of land listed in the separate sheet (hereinafter “instant land”), was issued a promissory note issued by C with D with the lease deposit, but the said promissory note was not settled on the payment date.
D In addition, D did not pay rent from April 2012.
B. On June 29, 2012, the Plaintiff notified D of the termination of the lease agreement on the grounds of the lease deposit and the unpaid rent for at least three years, and demanded D to deliver the said seven parcels of land, which is the leased object. However, D rejected the lien on the ground that it constructed a vinyl house and a container stay building on the said land.
Accordingly, on July 3, 2012, the Plaintiff filed a lawsuit against D seeking delivery of the said seven parcels of land (U.S. District Court 2012Kahap8303).
C. Around September 2012, the Plaintiff came to know of the Defendant, who is a senior ship of C, and concluded a lease agreement with the Defendant, to lease the said seven parcels of land without a lease deposit, on the condition that the Defendant acquired the said seven parcels of land from D and received the delivery of the said seven parcels of land from D. On September 10, 2012, the Plaintiff concluded a lease agreement with the Defendant to lease the said seven parcels of land from September 2013 to September 9, 2015, by setting the lease period from September 2013 to September 200, and the lease period from September 10 to September 9, 2015.
C was not arbitrarily handed over the land of the said seven parcels, and the Plaintiff eventually continued to proceed with the litigation at the Sungwon District Court 2012 Gohap8303, and was awarded a favorable judgment on February 14, 2013, and the said judgment was finalized on March 28, 2013.
E. Meanwhile, the Plaintiff’s obligee E, May 28, 2013.