1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. 1) The Plaintiff engaged in construction machinery rental business under the name of “C”. 2) D, a foundation, was established on June 26, 1995 for the creation and operation of a park cemetery, and was changed to E on June 15, 2003, to E on November 28, 2017.

(hereinafter referred to as “Defendant”). (b)

The Defendant leased the Plaintiff’s construction machinery (hereinafter “instant park cemetery”) to the former FJ, and the Plaintiff leased 15 tons of a dump truck to the Defendant from May 5, 2001 to July 10, 2001, the Plaintiff leased 10.5 million won and 2 of a dump truck from May 4, 2001 to July 31, 2001. The rental fee was KRW 18.9 million.

C. On July 23, 2001, the Defendant issued to the Plaintiff a certificate of use of the cemetery (Evidence A 1-1) stating, “I grant the right to use the cemetery as above through the party membership fee rules and the mutual agreement,” instead of paying KRW 10,50,000,000 to the Plaintiff as the right to use the cemetery of this case. On the same day, the Defendant issued the Plaintiff a certificate of use of the cemetery (Evidence A-1-1-1-2) with the mid-term usage fee from May 5, 2001 to July 10, 2001 (including value added tax) stating, “I will grant the Plaintiff the right to use the cemetery as the right to use the cemetery of this case at the time of completion of construction of the cemetery of this case, six square meters, ten,000,000,000 won as the right to use the cemetery of this case,” and “I will return the above certificate of use of the cemetery of this case to the Plaintiff upon the completion of construction of construction of the cemetery of 281-30.