All of the plaintiff's claims are dismissed.

Litigation costs shall be borne by the plaintiff.

Plaintiff’s assertion

On July 14, 2014, the Plaintiff leased the instant building to the Defendant with a deposit of KRW 40,000,000, monthly rent of KRW 2,650,000 (excluding value-added tax) and a period of five years (hereinafter “instant lease agreement”).

Since the Defendant did not pay the rent from August 17, 2018, the instant lease contract is terminated by serving a duplicate of the complaint in this case.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff and pay the amount calculated by applying the rate of KRW 26,235,000 per month to rent or unjust enrichment from August 17, 2018 to May 16, 2019 and from May 17, 2019 to the completion date of delivery of the instant building.

Judgment

The Plaintiff’s assertion is premised on the fact that the instant lease agreement was concluded between the original Defendant, and the Plaintiff submitted a certificate of lease (Evidence A2) to support this.

However, in light of the following circumstances, which can be seen in the statement No. 2 of the evidence No. 2, the above lease certificate is not accepted as a petition, and there is no evidence to acknowledge this part of the Plaintiff’s assertion.

(1) “C building owner representative B” at the bottom of the above lease confirmation letter is printed with a vice versa, and it is evident that the seal affixed on the vice versa is difficult to identify the exact form, or that it is not the name of the defendant at least.

② If the above seal imprints the Defendant’s seal, who affixed the seal, or who affixed it by a third party, the Plaintiff did not properly assert or prove that it was approved or consented by the Defendant.

In conclusion, the plaintiff's claim is dismissed as it is without merit.