1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 2013, the Defendant entered into a contract for construction works (hereinafter “instant construction contract”) with C Co., Ltd. (hereinafter “C”) under which the construction period for the construction of the first floor and the fourth floor above ground (hereinafter “instant building”) was to be subcontracted to the construction cost of KRW 1,320,000 (including value-added tax) without specifying the construction period. The Defendant and C concluded the first modified contract with the effect that the construction period was extended from September 9, 2013 to July 31, 2014; the construction period of the instant construction from September 30, 2013 to September 2015, 2014 to the end of July 2015, 2014.

B. C commenced the instant construction work on September 24, 2013.

C. On November 11, 2013, the Plaintiff entered into a lease agreement between the Defendant with respect to the first floor of the instant building (hereinafter “instant lease agreement”) with the lease deposit of KRW 400,000,000, monthly rent of KRW 1,500,000, and the term of lease from November 11, 2013 to November 10, 2015 (hereinafter “the instant lease agreement”). Article 1 of the instant lease agreement provides that “The remaining amount of KRW 360,000,000 shall be paid at the time of occupancy after the completion of 2013,” and Article 1 of the instant lease agreement provides that “The construction price of this building shall be converted to the substitute for the construction price of this building.”

On November 30, 2013, the Defendant and E entered into a lease contract with a lease deposit of KRW 100,000,000, monthly rent of KRW 1,200,000, and KRW 24 months from the delivery date of the lease term (hereinafter “instant lease contract”). Article 2 of the instant lease contract, “30,000,000” under Article 2 of the instant lease contract is paid at the time of the contract and in cash. The intermediate payment of KRW 30,00,000 is paid on December 30, 2013. The remainder of KRW 40,00,000 shall be paid on January 201, 2014, and Article 2(Duration) shall be paid by the lessor until December 2014.