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1. The plaintiff's claim against defendant Asian Trust Co., Ltd. is dismissed.
2. Defendant B shall pay to the Plaintiff KRW 35,000,000.
Reasons
1. Basic facts
A. Defendant B purchased the instant site C (hereinafter “instant land”) on December 27, 201, and newly constructed the 7th floor building on that ground (hereinafter “instant building”) on that ground, and completed registration of initial ownership on October 26, 2012.
B. On July 26, 2012, the Plaintiff entered into a lease agreement with Defendant B and Defendant B to lease the part of the sports massage site on the sixth floor of the instant building (hereinafter “the instant lease agreement”) with the said building in the amount of KRW 30 million (hereinafter “the instant lease agreement”). On the same day, the Plaintiff paid all the lease deposit amount of KRW 6 million to Defendant B on the same day, KRW 9 million, the first installment payment of KRW 9 million on August 21, 2012, KRW 9 million on September 13, 2012, and KRW 6 million on October 30, 2012.
C. Meanwhile, on September 27, 2012, Defendant Asian Trust Co., Ltd. (hereinafter “Defendant Asian Trust”) concluded a real estate security trust agreement with Defendant B regarding the instant land and building with the truster, Defendant Asian Trust, and Sym Savings Bank for Priority Beneficiary Co., Ltd. on September 28, 2012, and completed the registration of ownership transfer based on each trust on October 29, 2012.
On October 14, 2013, the Plaintiff additionally paid KRW 2 million to Defendant B, and KRW 3 million on October 15, 2013. On October 25, 2013, the Plaintiff: (a) on October 25, 2013, the name of the lessee under the instant lease agreement with Defendant B and the instant lessee is the Plaintiff’s relative; (b) on October 25, 2013, the leased object was under 605 of the instant building; (c) the lease deposit was KRW 35 million; and (d) on October 24, 2014, the lease term was changed from October 25, 2013 to October 24, 2014; (c) however, Defendant B did not perform the obligation under the instant lease agreement.
E. In the instant lawsuit, the Plaintiff declared that the instant lease contract will be rescinded due to Defendant B’s nonperformance of obligation, and the said declaration of intent is indicated.