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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’s establishment of the right to lease on a deposit basis 1) Nimerdis Co., Ltd. (hereinafter “Nimerdis”).
(3) On April 16, 2014, the Defendant: (a) Nos. A-103, 104, and 2 (hereinafter “instant real estate”) from the Defendant on April 16, 2014.
(2) On May 9, 2014, In order to secure the claim for the refund of the above lease deposit, Nimers leased the lease deposit of KRW 300 million, monthly rent of KRW 10 million, and the lease term from April 23, 2014 to March 31, 2017. (2) Nimers completed the registration of the establishment of chonsegwon, which was from April 23, 2014 to March 31, 2017, under Article 36709 of the Incheon District Court’s Busan District Court’s Vice-Support Kimpo-Support Registry for the instant real estate, the registration of the establishment of chonsegwon, which was from April 23, 2014 to March 31, 2017.
(4) On March 30, 2016, the Plaintiff concluded a contract for meal service operation with the medical corporation Realization Medical Foundation (hereinafter “former Medical Foundation”) and paid KRW 500 million to the Real Estate Foundation as a contract deposit to guarantee the return of KRW 300 million out of the contract deposit, and on April 27, 2016, concluded a contract for the instant chonsegwon with the Real Estate Realization Medical Foundation (hereinafter “former Medical Foundation”). On March 30, 2016, on April 27, 2016, the Plaintiff concluded a mortgage contract with the Real Estate Realization Medical Foundation to guarantee the return of KRW 300 million out of the contract deposit to be returned from the Real Estate Foundation. On the same day, the Plaintiff completed the registration of the establishment of a mortgage with the maximum debt amount of KRW 27349 billion as the maximum debt amount of KRW 27349 on the same day.
B. On January 6, 2017, the Defendant, B, and D entered into a lease agreement with the Defendant, B, and D, setting the lease deposit amount of KRW 300 million for KRW 103 and 104,000 for KRW 103 and KRW 15 million for the monthly rent (hereinafter “instant lease agreement”).
Section 7 of the Special Agreement on Lease is a contract with the maximum debt amount of KRW 1.955 billion which is the contract with the maximum debt amount of KRW 1.95 billion and is to maintain the balance until the remainder.