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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. At around January 201, 2001, the 7 members of the E-J medical college, including the Plaintiff’s ASEAN, Defendant, and G, established a F Hospital located in Suwon-gu, Suwon-si. D, the Defendant, and G (hereinafter “instant parking lot owners”) completed the registration of ownership transfer for each 1/3 share of 1,003 square meters in Young-gu, Suwon-gu, Suwon-gu, for the purpose of using it as a parking lot for patients, etc. of the F Hospital on November 20, 201.
B. On January 10, 2002, the Defendant entered into a real estate lease agreement on behalf of the instant parking lot owners with the period of lease from January 10, 2002 to March 17, 2004, setting the instant parking lot site amounting to KRW 50 million, KRW 3.6 million per month, and the Defendant entered into a real estate lease agreement with the Plaintiff on March 18, 2004 to lease the instant parking lot site amounting to KRW 50 million from March 18, 2004 to March 17, 2009.
C. Meanwhile, on the other hand, on January 18, 2002, the Plaintiff entered into a real estate lease agreement with seven persons operating the F Hospital to lease the parking lot facilities on the instant parking lot (hereinafter “instant parking lot”) from January 18, 2002 to January 17, 2004 without a deposit to set a monthly rent of KRW 5 million (excluding additional tax). The Plaintiff entered into the instant parking lot agreement with seven persons operating the F Hospital on January 18, 2004 from January 18, 2004 to January 17, 2009 without a deposit, and KRW 10 million (excluding additional tax, and monthly tax year and year year year in the name of the Plaintiff (hereinafter “Plaintiff’s account”).
d) newly entered into a real estate lease agreement (hereinafter referred to as “instant lease agreement”) that is to be leased with the determination of the deposit to be made.
As Seoul Central District Court 2009Kahap84290 against five operators, including the defendant and H, who operated the F Hospital, the rest of the business is terminated.