1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is a sectional owner under subparagraph 7 on the first floor among the Eunpyeong-gu Seoul Building C.

(hereinafter referred to as the “instant building,” and subparagraph (7) on the 1st floor provides the instant store.

On November 3, 2006, the sectional owners of the instant building, including the Plaintiff, concluded a lease agreement with the Defendant (hereinafter “instant lease agreement”) (hereinafter “instant lease agreement”) on November 28, 2006, by setting the lease deposit of KRW 10 billion and the lease period of April 13, 2007, from April 12, 2017 to April 12, 2017, with respect to some of the instant buildings (a store located on the second floor to the seventh floor except the underground first floor Pidco).

Article 9 [Matters of D's Cooperation] (1) D shall, at the same time, pay to the sectional owners the security deposit and monthly rent which he/she has received from the defendant, etc.

Article 10 [Deposit and Payment] (1) The defendant, etc. shall pay 10 billion won of the deposit for the entire object of the lease to D, who is an agent of the sectional owner, at the following schedule and proportion:

(2) A sectional owner may receive deposits and monthly rents from D and may not directly claim payment to the Defendant.

Article 11 [Refund of Rental Deposit] ① When a lease contract is terminated and terminated, D shall refund the deposit paid by the defendant at the same time as the name of the object of the lease, but if D does not pay all the deposit, a sectional owner may not claim the name of the object of the lease in this case against the defendant on the ground that he had already paid the deposit to the defendant or D.

(3) Where D fails to refund a security deposit to the defendant even though the contract has expired, the defendant, etc. shall substitute a monthly rent and refund a security deposit by deducting a monthly rent from the security deposit.