1. The plaintiff's claim is dismissed.

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

Basic Facts

C on April 10, 2003, on the 10th day of Gunsan-si D 1 factory (hereinafter “instant factory”). The C acquired ownership of the instant factory.

On October 2010, the Plaintiff agreed to lease the instant factory from C and paid rent monthly to C.

C On May 25, 2010, upon establishing a provisional registration for the factory of this case with respect to E, a partner, on the ground of a trade reservation, and on October 31, 2012, E transferred the said provisional registration to the defendant company, the representative director of which was registered.

On November 1, 2012, the Defendant acquired the ownership of the instant factory by completing the principal registration based on the provisional registration at the same time with the provisional registration, which was based on the transfer of the above pre-sale right.

The Defendant succeeded to the lease relationship between C and the Plaintiff regarding the instant factory, and the Plaintiff paid monthly rent to E, the representative director of the Defendant.

On February 14, 2014, the Plaintiff and the Defendant agreed to terminate the lease contract for the instant factory.

The Defendant leased the instant factory to F on April 8, 2015.

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 4, 5, 7, and 8, the summary of the plaintiff's assertion as to the ground of claim of the entire pleadings, and Eul agreed to convert the costs of KRW 42,00,000 paid by the plaintiff to install heat-processing seal facilities in the factory of this case into lease deposit at the time when the lease contract for the factory of this case was concluded.

The defendant succeeded to the lease contract between C and the plaintiff, and since the lease contract for the factory of this case was terminated, the above lease deposit amount of KRW 42,000,000 and damages for delay are obligated to be refunded to the plaintiff.

However, the Plaintiff claimed that 42,00,000 won was spent in order to install heat-processing painting facilities in the instant plant, and that it was agreed with C to convert it into a lease deposit, but it is admissible as evidence to support this.