1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On March 25, 2017, the Plaintiff leased (hereinafter “instant lease agreement”) a deposit of KRW 180,000,000 (a deposit of KRW 17,000,000,000,000,000,000,000 from the Defendant as indicated in the separate sheet (hereinafter “instant building”) from the Defendant to April 12, 2019 (hereinafter “instant lease agreement”).

The terms and conditions of the instant lease agreement stipulate as follows: “The lessee agrees to the establishment of the right to lease on a deposit basis of the lessee and provides all necessary documents (which shall be borne by the lessee).”

B. On March 25, 2017, the Plaintiff paid KRW 17 million to the Defendant as a deposit under the instant lease agreement, and paid KRW 73 million, out of the remainder KRW 163 million, on April 13, 2017, the Plaintiff directly borrowed from D Co., Ltd. (hereinafter “D”) and paid KRW 90 million to D in the Defendant’s bank account.

C. On April 14, 2017, in accordance with the terms and conditions of the instant lease agreement, the Defendant completed the registration of the establishment of chonsegwon (hereinafter “registration of the instant chonsegwon”) from April 13, 2017 to April 12, 2019, with the scope of KRW 180,000,000,000 for the real estate of this case, and with the corridor (C) in the southwest direction of the second floor among residential buildings, and with the duration from April 13 to April 12, 2019.

On February 12, 2019, the Plaintiff sent a mobile phone text message to the Defendant, stating that “I am not able to obtain the consent of re-contract at least two months after the expiration of the contract.”

E. The Plaintiff, on April 4, 2019, borrowed a loan of KRW 50 million from E Co., Ltd. (hereinafter “E”) at the interest rate of KRW 3.825% per annum and the due date of repayment on April 4, 2020 in order to repay the debt of KRW 90 million with D.

F. On August 16, 2019, the Plaintiff handed over Category C to the Defendant.

【Ground of recognition】An absence of dispute, Gap No. 1.