1. The plaintiff's claim is dismissed.

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

Basic Facts

On January 28, 2013, the lessor and one other (D and E) (hereinafter referred to as the “instant parking lot”) with respect to the Gangnam-gu Seoul Parking Lot (hereinafter referred to as “instant parking lot”).

The term “joint lessor” and “joint lessee” concluded a real estate lease agreement with the Plaintiff and the Defendant with the deposit of KRW 30,000,000, monthly rent of KRW 5,000,000, and the term from February 1, 2013 to January 31, 2014 (hereinafter “the instant initial lease agreement”). The Plaintiff paid the deposit of KRW 30,000,000 to the joint lessor.

On February 1, 2014, the day following the expiration of the initial lease agreement of this case, the joint lessor and the Defendant as the sole lessee, and the real estate lease agreement was concluded between KRW 30,000,000, monthly rent of KRW 4,000. On May 1, 2014, a contract was concluded for the change of KRW 5,200,00 as a parking lot and the 6th floor was added to the leased object and the monthly rent of KRW 5,20,00 (hereinafter “the changed lease agreement of this case”). The Plaintiff, as Seoul Central District Court Decision 2020Da116936, filed a lawsuit against the joint lessor seeking payment of KRW 30,00,000,000, and was rendered a favorable judgment on the confession and public notice service, which became final and conclusive by the Plaintiff on September 16, 2016.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 and Eul evidence Nos. 1, 2, and 5 (including numbers; hereinafter the same shall apply) and the plaintiff and the defendant asserted that the plaintiff, the plaintiff and the defendant leased the parking lot of this case to operate it as a partnership business, and the plaintiff bear 30,000,000 won of the lease deposit necessary for it, and the defendant pay the proceeds from the business of this case to the plaintiff at least KRW 1,00,000 per month.