1. The instant lawsuit shall be dismissed.

2. On June 11, 2015, this Court has regard to cases where a request for a suspension of compulsory execution is filed by this Court.

1. Basic facts

A. The Plaintiff entered into a lease agreement with the Defendant on December 15, 2008, setting the deposit amount of KRW 77 million from December 25, 2008 to December 25, 2010. The Plaintiff entered into the lease agreement by setting the deposit amount of KRW 88 million on October 14, 2010 and the period from December 26, 2010 to December 25, 2012, and concluded the lease agreement by setting the deposit amount of KRW 88 million from December 26, 2010 to December 25, 2012. The Plaintiff entered into the lease agreement by setting the deposit amount of KRW 10 million on October 16, 2012, from December 26, 2012 to December 25, 2014 (hereinafter “instant lease agreement”).

B. As to the instant real estate, the Plaintiff completed the registration of the establishment of chonsegwon as the Defendant on December 29, 2008, from December 26, 2008 to December 25, 2010, with respect to the instant real estate, from December 26, 2008 to December 25, 2010. On December 31, 2012, the registration of the change of chonsegwon (hereinafter “right to lease”) was completed from December 26, 2012 to December 25, 2014.

C. On March 2, 2015, after the expiration of the period of the instant lease contract, the Plaintiff returned the amount of KRW 30 million out of KRW 100 million to the Defendant, and the Defendant delivered the instant real estate to the Plaintiff.

On April 28, 2015, the Defendant filed an application for a voluntary auction of real estate with Busan District Court D regarding the instant real estate on April 28, 2015, and the said court rendered a decision to commence the auction on May 14, 2015.

Accordingly, the plaintiff filed an application for the suspension of compulsory execution with Busan District Court 2015Kadan151, and deposited KRW 10,000,000 in the above court with regard to the case of the suspension of compulsory execution.

E. The Plaintiff filed a lawsuit against the Defendant for damages of KRW 141,065,00, asserting that the Defendant had obstructed the Defendant from destroying the instant real estate or seeking a new tenant during the lease period as Busan District Court Decision 2015Da29271, and that the said court only recognized only a partial damage of a small bank inquiry within the instant real estate, and the Defendant on September 8, 2016.