1. The plaintiff's claims against the defendants are all dismissed.

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

1. Basic facts

A. On December 26, 2012, the Plaintiff leased the lease deposit for five years from December 26, 2012 to December 25, 2017, with the lease term of 201 and the entire three floors (hereinafter “instant real property”) of the instant foundation, Gyeyang-gu D Building 201 and the entire three floors (hereinafter “instant real property”) owned by the Foundation.

B. E, May 1, 2012, leased the instant real estate from the instant foundation at KRW 400 million and KRW 17 million per month, and operated a convalescent hospital;

On January 16, 2013, the Defendants transferred the right to lease and the right to operate the restaurant of heading 305 (hereinafter “instant restaurant”) among them and received KRW 50 million from the Defendants on the same day.

C. The Defendants occupied and used the instant restaurant from the end of January 2013 to the end of April 2013, when E discontinued the said hospital.

[Ground of Recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 through 6 (including partial numbers), the testimony and the purport of the whole pleadings of the witness E

2. The parties' assertion

A. On January 16, 2013, the Defendants asserted that the Plaintiff leased the instant restaurant from F, which was not duly authorized by the Foundation, and occupied and used the instant restaurant without permission, thereby infringing the Plaintiff’s right of lease by preventing the Plaintiff from subleting the instant real estate.

Therefore, from January 16, 2013 to December 15, 2013, the Defendants are liable to compensate for damages of KRW 45 million equivalent to the rent for nine months during the 11-month period from January 16, 2013 to December 15, 2013 and the unpaid management expenses of KRW 3,768,432.

B. The Defendants asserted that they acquired the right of lease and the right of operation of the instant restaurant from E that lawfully leased the instant real estate from the instant foundation, and paid a deposit.

Therefore, even if the instant real estate is leased again to the Plaintiff, it is lawfully transferred to the Plaintiff.