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1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant completed the registration of ownership transfer with respect to each of the buildings listed in the separate sheet (hereinafter “each of the buildings of this case”) constructed on the instant land on April 10, 2012 (hereinafter “each of the buildings of this case”) on the ground of donation from C, which was referred to as “A” on December 26, 2005, and completed the registration of ownership transfer with respect to each of the buildings listed in the separate sheet (hereinafter “each of the buildings of this case”).
Indication of real estate in the purpose of this case lease contract:
1. D large-scale 1,345 square meters (the instant land) in thecheon-si;
2. On the above ground, a lease agreement shall be concluded for the above real estate as follows: (a) Defendant B (Lessee) Byung (Lessee’s joint and several surety) Byung (Lessee’s lessee), Defendant H Byung (Lessee’s joint and several surety), and C, to which the above real estate will be newly constructed or constructed:
Article 1 Rent and Payment Method
1. Deposit shall be KRW 25,000,000 and shall be paid in lump sum when a contract is concluded;
2. Monthly taxes shall be KRW 2,000,000,000 and shall be paid by depositing into the national bank account B of the deposit week as of the end of each month; and
Article 2 The term of lease shall be five years from March 1, 2003 to February 28, 2008, but may be extended by mutual agreement after the expiration of the term.
Article VISpecial Agreement
1. B shall construct a new building on the land for the original purpose at the expense of B, give ownership to A, and B shall use it only within the term of lease and issue an order of eviction;
2. Expenses for the construction of the above-mentioned building B (Expenses for removal of the existing building, director expenses, construction costs, electricity, water supply, installation for new construction, damage compensation, etc.), and premiums, etc. for moving out, may not be claimed against A in any case, such as cancellation of the above-mentioned building, cancellation of the above-mentioned building even after the circumstances of B.
3. If a civil or criminal problem arises to A in connection with construction costs, accidents, etc. in connection with the construction of a new building, B shall be the construction.