1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. On May 10, 2012, the Defendant concluded a contract with the Plaintiff for the lease of the building indicated in the attached Form (hereinafter “instant building”) with C, and filed a lawsuit against the Plaintiff and C seeking the name of the building as the court heading 2015Kadan23624, asserting that the said lease term has expired, and the said lawsuit was transferred to the conciliation procedure (2015du3475) and concluded conciliation between the said parties on November 23, 2015, as follows:

(hereinafter “instant conciliation”). The Defendant (the Defendant refers to Defendant B; hereinafter the same shall apply) leased to the Plaintiff (the Plaintiff refers to the Plaintiff A; hereinafter the same shall apply) a building listed in the attached Form (hereinafter referred to as “instant building”) for three years from May 11, 2015 to May 10, 2018, with the lease term of three years from May 11, 2015 to KRW 15 million per annum, and on the expiration of the lease term, consultation on extension between the parties shall be decided on the extension of the contract, and the Defendant shall preferentially lease the instant building to the Plaintiff, except where the Plaintiff directly sells or uses the instant building.

B. The Defendant registered the business in the name of C in the instant building and operated “D” as an accommodation.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1-1, 6, 8, and 14, and the purport of the whole pleadings

2. Plaintiff’s assertion (1) After the formation of the instant conciliation, the Plaintiff paid construction costs exceeding KRW 100 million while performing construction works for the improvement of accommodation facilities, such as road expansion works and the establishment of group banks, and the National Police Agency security guards, as part of the instant building with the support of Gangnam-si for operating the business during the period of the Pyeongtaek Olympic Winter Games in 2018. Since the said improvement costs and construction costs are necessary or beneficial expenses for the preservation of the instant building, there is a lien on the instant building based on the right to demand reimbursement.

Therefore, delivery enforcement based on the instant protocol of conciliation should be denied.

② The Defendant is against the Plaintiff.