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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 October 2004, the Plaintiff leased the residential part among the third floor of the instant building to the Defendant, and thereafter, leased the instant building to the Defendant in sequence, among the second floor of the instant building, the Cheongem Institute and Art Research Institute, and the underground of the instant building.
B. On March 31, 2005, after the Plaintiff’s lease of the second floor of the instant building, the Defendant: (a) completed the report of a regional child center with the name of the facility C center, a regional child center for each type of business, and a capacity of 30 (30 or more persons) (30 or more persons), which was the second floor of the instant building from the Plaintiff; and (b) operated the regional child center under the name of “C regional child center” from the underground of the instant building, under the said order of priority.
C. Since March 2009, the Defendant applied for the grant of a subsidy for the entire loan funds of the regional children’s centers at Gangnam-si, which was KRW 50,000,000 from Gangnam-si.
Accordingly, on March 19, 2009, the Plaintiff entered into a lease agreement on the whole second floor of the instant building with Gangnam-si and the Defendant as a joint lessee, with each of the terms of 50,000,000,000, and the term of lease until March 19, 2011 (two years). On March 19, 201, the Plaintiff entered into a lease agreement on the whole second floor of the instant building, and concluded a lease agreement on the whole second floor of the instant building with Gangnam-si and Gangnam-si and the instant building with each of 50,000,000,000, and the two floors of the building for the scope education and research facilities from March 20, 209 to March 19, 201, and completed the registration of the establishment of the right of lease on March 25, 2009.
In addition, on April 3, 2009, the Plaintiff deposited the above subsidies of KRW 50,000,000 in the account under his/her own name.
However, on April 6, 2009, the Plaintiff issued 50,000,000 won deposited from Gangnam-si to the Defendant by sending it by a cashier’s check on the same day, but on the same day, it appears that the Defendant again received the cashier’s check equivalent to KRW 50,00,000 from the Defendant.
Section 5, 5.