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1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On April 27, 2009, the Plaintiff and its ASEAN were registered as the 1st underground floor of the 6th underground floor of the D Building located in Dongdaemun-gu Seoul and 2 lots of land, and the 3th to 6th underground floor, and the 6th underground floor are registered as the 1st unit building, the 3th to 6th unit building, and the 3th unit building, and the 1st unit building as the 3th unit building. The 1st unit of the above year is the 1st unit of December 27, 1979 by the Plaintiff.
2. 5. The ownership transfer registration was completed on February 21, 2012 with respect to the gift made to other types of F, G and H, who acquired ownership on the grounds of inheritance by consultation and division.
(No. 2 entered into a lease agreement with respect to the lease deposit amount of KRW 3,400,000,000 per rent, KRW 8,500,000 per month, monthly rent, and KRW 2,700,000 per month, and two years (from April 1, 2009 to March 31, 201) (hereinafter “previous lease agreement”) with respect to the lease deposit amount of KRW 3,40,000 per annum (hereinafter “instant building”). The Defendant deposited KRW 3,40,000 in the Defendant bank account in the name of the Defendant bank account (Account number): and around that time, the Defendant deposited the lease deposit amount of KRW 3,40,00 in the above account.
B. On August 10, 201, the previous lease agreement terminated, the Plaintiff and B entered into a lease agreement with the Defendant, changing the leased object into the second floor of the instant building (330.83 square meters), KRW 1,500,000,000, monthly rent of KRW 22,000,000 (excluding value-added tax), and three years from the Defendant’s starting date of business (hereinafter “instant lease agreement”). The main contents are as follows.
Article 2 (Methods of Payment of Lease Deposit) (1) A lessee (the defendant; the same shall apply hereinafter) shall pay lease deposit to a lessor (the plaintiff and B; the same shall apply hereinafter) after completing the procedure for preserving the claims prescribed in Article 4 as follows:
The balance (90%) 1,350,000 won at the time of concluding a contract for the contract at the time of division payment (10%) 1,50,000.