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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. Lease relationship 1) The Defendant, on June 22, 2016, used as a mutual public notice source for D’s “D” to C on June 22, 2016, Seocheon-si E and one parcel of land, namely, KRW 801-804 (hereinafter “instant building”).
(2) On June 22, 2016, C paid the Defendant deposit amounting to KRW 170,000,000 (excluding value-added tax), monthly rent of KRW 7,000,000 (excluding value-added tax), and on June 21, 2018, the lessee was not able to sublet the instant building without the lessor’s consent due to a special agreement at the time of concluding the contract.
3) C) Since then established G Co., Ltd. for the purpose of real estate rental management business (hereinafter “G”).
2) In addition to the rent of the instant building, G received KRW 1,100,000 per month in addition to the rent of the instant building in return for the sublease of the instant building and having G operate the 'D’ mutual public notice source, and for the burden or investment of KRW 170,000,000 from G (the rent of the instant building was directly transferred to the Defendant by G in the name of C).
(B) On August 16, 2016, the Plaintiff and the Defendant purchased the instant building at KRW 950,000,000 with the Defendant, and agreed that KRW 90,000,000 for the contract deposit, intermediate payment of KRW 200,000 on the date of the contract, the intermediate payment of KRW 200,000 on August 25, 2016, and the remainder of KRW 660,000,00 for each payment on September 26, 2016 (hereinafter “instant sales contract”). The Plaintiff purchased the instant building at the present facility condition under a special agreement at the time, and the Plaintiff succeeded to the secured obligation established on the instant building and the lease agreement that was concluded on the basis of the remainder of the secured obligation and the security deposit shall be deducted from the purchase price.
2) On August 16, 2016, the Plaintiff paid each of the Defendant KRW 90,000,000 for down payment, and KRW 200,000 for intermediate payment on August 25, 2016. (c) The occurrence of a dispute over sub-lease and its progress 1) The Plaintiff entered into the instant sales contract around September 2016.