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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. On August 19, 2009, C entered into a lease agreement with the Korea National Housing Corporation on the condition that the lease term of 33 square-type public rental apartment E (hereinafter “instant apartment”) of Osan City (hereinafter “instant apartment”) shall be from May 27, 2011 to May 30, 201, the lease deposit of 55 million won, and monthly rent of 440,000 won (hereinafter “instant lease agreement”). The instant lease agreement was extended as of June 4, 2013 until May 31, 2015; June 5, 2015; the lease term of 333 square-type public rental apartment E (hereinafter “instant apartment”); and the lease deposit was extended as of May 26, 2017 to May 31, 2017; and the lease deposit was extended as of May 30, 2013; and each of the lease deposit was extended as of May 37, 2017.
B. On April 201, the Defendant entered into a contract with C to pay KRW 40 million to C, and entered into a contract to acquire the lessee’s status under the instant lease agreement, and paid KRW 10 million to C on March 20, 201 and KRW 30 million on April 11, 201.
C. On February 26, 2015, the Defendant entered into a sublease contract with the Plaintiff on behalf of the Plaintiff to sublease the instant apartment as KRW 90 million for the sublease deposit and by March 15, 2017 for the sublease period (hereinafter “instant sublease contract”). Paragraph (1) of the instant sublease contract provides that “The current apartment is a contract in the state in which both parties become aware of the sublease in the state in which it was not subject to the sublease agreement from the construction work due to the public apartment leased by ELan Construction.” At that time, the Plaintiff paid KRW 90 million to the Defendant of the sublease deposit.
On the other hand, on March 16, 2017, the apartment charter contract was prepared between the Plaintiff and C with the effect that the lessor is the lessor and the sub-lease period is March 15, 2018.
[Ground of recognition] Facts without dispute, Gap evidence 2, 3 (including branch numbers, hereinafter the same shall apply), Eul evidence 1 to 7, the purport of the whole pleadings
2. The plaintiff's assertion
(a) the primary features;