1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On April 1, 2014, the Plaintiff entered into a contract with D, an agent of C, under which the Plaintiff set the deposit money of KRW 30,000,000 and KRW 210,00, and the period from April 1, 2014 to March 31, 2016 (hereinafter “instant lease contract”).

B. On May 22, 2014, before entering into the instant lease agreement, F, the Plaintiff’s ASEAN agreed to acquire the right to operate food service business from H with the trade name “G” in the instant commercial building and 201 commercial building, and reported to the head of Busan Seo-gu, Busan, upon which he/she succeeded to the business status of “G” from H on the following day.

C. After purchasing the instant commercial building from C on August 5, 2014, the Defendant completed the registration of ownership transfer for the instant commercial building as Busan District Court’s Busan District Court’s Busan District Court’s receipt on September 5, 2014, No. 26743.

On the other hand, the plaintiff is about the commercial building of this case.

On September 4, 2015, after completing the registration of ownership transfer as stated in the port, the location of the instant commercial building is the location of the building and completed the registration of the business of the trade name “I” on the mutually Seodaemun-gu retail store.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 3-1, Gap evidence 6-4, fact-finding results against the head of Busan Seo-gu, the witness J's testimony, the purport of whole pleadings

2. Around April 1, 2014, the gist of the Plaintiff’s assertion entered into the instant lease agreement with C on the instant commercial building, and the Defendant acquired the ownership of the instant commercial building by purchasing the instant commercial building from C before the lease term expires. As such, the Defendant, who acquired the obligation to refund the lease deposit, as a new owner, is obligated to refund the said lease deposit amount of KRW 30,000,000 and the damages for delay thereof to the Plaintiff.

3. First of all, the Defendant’s determination on the cause of the claim.