1. The plaintiff's claim is dismissed.

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

Basic Facts

The defendant is the owner of land B and five lots outside the Gunsan-si, and of both above ground fraternitys (hereinafter referred to as the "dual fraternity of this case").

C on September 1, 2008, the Defendant respectively leased the instant Yangby setting the lease deposit of KRW 60,000,000, monthly rent of KRW 2,500,000, and the lease term of September 1, 2014.

(hereinafter referred to as “the lease contract of this case”). The lease contract of this case states as follows: “The lease contract of this case is stipulated as the special terms and conditions, and “the user (the lessee) shall restore the lease to its original state in the event of a destruction or fire by the lessee.”

C around August 2012, around August 2012, with respect to the Defendant, it was impossible for the Defendant to engage in the two-way business any longer due to the deterioration of the two-way hall of the instant case, and issued a certificate to the effect that the instant contract would be terminated, and that the instant contract would be delivered to the Defendant by September 30, 2012.

Accordingly, around September 2012, the Defendant has already paid the repair cost of the instant sub-production to C. Thus, the Defendant notified that the contract cannot be terminated due to the deterioration of the sub-production of the instant case, and expressed that the contract will be maintained by the expiration date of the original contract period.

On May 23, 2014, the Defendant sent to C a certificate of content that contains the content that C terminated of the instant lease contract, since C’s overdue rent exceeds KRW 60,00,000,00, which is the lease deposit.

On May 2014, the Plaintiff received the full amount of the claim for return of the lease deposit from C, which C had against the Defendant, and obtained the fixed date on the 19th of the same month.

C on May 15, 2014, notified the Defendant of the transfer of the above credit.

At present, the defendant takes over the two fraternity of this case from C and leases it to the new lessee, and the new lessee operates the two fraternity of this case.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, 5, Eul evidence Nos. 1 and 2, and judgment as to the ground of claim as a whole.