1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On July 12, 2013, the Plaintiff concluded a lease agreement (hereinafter “instant lease agreement”) with the Defendant to lease a five-story telecom building (Del; hereinafter “the instant telecom”) on the ground owned by the Defendant, with a view to prior payment of the deposit deposit of KRW 10 million from July 17, 2013 to July 16, 2014, and the rent of KRW 1 year and 40 million from July 16, 2014 (including additional tax).

On July 17, 2013, the Plaintiff paid the Defendant a deposit of deposit and a total of KRW 50 million, and on the same day, the Plaintiff received the instant cartel and completed the business registration.

B. On September 10, 2013, the Defendant entered into an exchange contract with E and F on the instant telecom, and completed the registration of ownership transfer with respect to each portion of the instant telecom on November 4, 2013 to E and F.

C. On September 15, 2013, the Plaintiff served the Defendant with the key to the instant telecom, and on November 28, 2013, issued a certificate to the Defendant that the instant agreement was terminated due to the instant telecom owner’s change.

On the other hand, on September 9, 2013, the Plaintiff agreed to actively cooperate with the Defendant in selling the instant telecom, and the Defendant promised to pay KRW 15 million to the Plaintiff by September 12, 2013 when the said telecom is sold.

On August 13, 2015, the Plaintiff filed a lawsuit against the Defendant seeking payment of KRW 15 million on the ground that the instant telecom was sold (U.S. District Court 2014da19581), and received the judgment in favor of the Plaintiff on August 13, 2015, and the said judgment became final and conclusive.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence No. 2, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff asserted that the instant cartel is sold to the Defendant, the Plaintiff expressed his/her intent to terminate the lease agreement several times. In fact, the said cartel was sold and the Plaintiff expressed his/her intent to terminate the contract, and the instant cartel was keyed on September 15, 2013.