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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is the owner of Ilyang-dong, Seoyang-gu, U.S. C. 427 square meters (hereinafter “instant site”).
B. Around October 2009, the Plaintiff had D construct the instant building on the instant site, but granted D the authority to use and benefit from the instant building for three years after the completion of construction instead of having D bear construction costs.
C. On April 30, 2010, D newly constructed a building listed in the separate sheet (hereinafter “instant building”) and completed registration of preservation of ownership in the Plaintiff’s name on May 17, 2010. After that, the Plaintiff and D agreed to use the instant building until May 1, 2013 and to order the Plaintiff.
D around April 20, 2010, around April 20, 2010, D leased the term of lease of the instant building to the Defendant from April 20, 2010 to April 30, 2013, lease deposit amounting to KRW 20,00,000, and monthly rent amounting to KRW 1,80,000, and the Defendant operated restaurant business in the name of “E” from the instant building.
E. Around May 2013, the Plaintiff filed a lawsuit against D and the Defendant (hereinafter referred to as “transfer lawsuit”) such as a building name map of 2013da18922 in this court (hereinafter referred to as “transfer lawsuit”) and concluded conciliation as described below (around April 10, 2014).
[Adjustment Provisions] (Planning)
2.(a)
On April 10, 2014, the Plaintiff and Defendant B concluded a lease agreement with a deposit of KRW 10,000,000 for the instant building from May 1, 2014 to December 31, 2014, and the rent of KRW 2,00,000 for each month.
B. Defendant B shall pay deposit of KRW 10,000,000 until April 30, 2014, and shall pay the monthly rent at the last day of each month.
C. The instant building shall be delivered to the Plaintiff within 30 days from the date of payment of the deposit, or within 30 days from the date of the commencement of the second or second or second payment in arrears, if Defendant B did not pay the deposit as stated in Paragraph B by the due date, or if the rent is in arrears more
The lease contract mentioned in Paragraph (a) is terminated on December 31, 2014 and does not recognize the renewal of the contract. Defendant B is the Plaintiff immediately after the termination.