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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 January 27, 201, the non-party to the instant lease agreement entered into a lease agreement with the Defendant on the condition that the non-party to the instant lease agreement shall lease the lease deposit amount of KRW 200 million, monthly rent of KRW 16 million, and the lease term of KRW 200,000,000,000 owned by the Defendant for the second floor of Pyeongtaek-si E hotel building located in Pyeongtaek-si D (hereinafter “instant building”). However, the lessee shall not sublet all or part of the rights under the lease agreement to any other person or make it public (Evidence 1; hereinafter “instant lease agreement”), and paid KRW 20,000,000,000 for the down payment to the Defendant.
After that, on February 11, 201, C prepared a statement of performance (No. 2) stating that the contract should be invalidated if it fails to comply with it, as of February 28, 201, the intermediate payment of KRW 80,000,000 in the balance of the lease deposit amount of KRW 180,000,000,000, and the balance of KRW 100,000 shall be paid until March 30, 201.
B. On March 30, 201, between the Plaintiff and C, the Plaintiff entered into a partnership agreement and the Plaintiff’s transfer of business with C to operate a wedding hall as a partnership business within the instant building leased by C (Evidence A2) and remitted part of the lease deposit under the instant lease agreement as part of the Defendant’s account from March 30, 201 to June 24, 201.
C, to terminate the partnership relationship with the Plaintiff on July 22, 2011, upon the termination of the partnership relationship with the Plaintiff, C prepared and executed a statement of transfer, renunciation (Evidence A 4) with the purport of transferring, and transferring, to the Plaintiff, all rights and businesses pertaining to the payment of the construction cost of the futures market (the down payment 20 million won paid by C to the Defendant) and to transfer to the Plaintiff.
C. The Defendant notified the termination of the lease agreement to C on December 13, 201, paid only part of the down payment and intermediate payment out of the lease deposit KRW 200 million to C, and paid the remainder of the lease deposit deposit to C, which is a deposit room interior work on the first floor and the first floor above the ground.