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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 5, 2013, the Plaintiff entered into and terminated a lease agreement with the Plaintiff and a medical corporation C (hereinafter “C”)
(C) the building of Pyeongtaek-si E annexed to the D Hospital operated by C (hereinafter referred to as the “instant building”).
Article 1 (Payment, etc. of Contract) (1) of the Contracts for the Termination of Lease of Real Estate provides that a lessor shall make a lease contract with a third party who leases a funeral home and shall receive a down payment, and at the same time, shall pay the lessee KRW 450,000,000 ( KRW 550,000), which is the sum of KRW 450,000,000 ( KRW 150,000) paid by the lessor to the lessee on the ground of the lessee’s modification of the previous contract and the amount of KRW 550,000 ( KRW 550,000) paid by the lessor to the lessee on the ground of the lessee’s cancellation of the previous contract. (2) At the same time, the lessor shall prepare the remainder of the lease contract with respect to the leased real estate for the purpose of the lease of real estate from a third party, and shall make the lessee pay the remainder of the lease deposit to the lessee on various construction projects for the purpose of the lease of real estate, with the lessee’s payment of KRW 500,000,000 (300.
B. The Defendant leased the instant building from C on March 19, 2015. The main content of the contract is as follows (A means C and B means the Defendant.
(a) Rental real estate leased under a lease contract: 450 square meters of the building of the Pyeongtaek-si in Gyeonggi-do: The purpose of this contract is to lease to operate the funeral hall in Gyeonggi-do. Article 1 (Period of Contract) contract shall be ten years from the date of the contract.
Article 2 (Terms of Contract) 1 Deposit shall not be more than ten billion won.