1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The plaintiff on August 27, 2005 from the defendant C, Seongbuk-gu Seoul, D, and

E. From the fourth floor of F and G ground, one story of KRW 59.4 square meters (hereinafter “instant building”) was set monthly rent of KRW 1.5 million, and around that time, the instant building operated a consumer store in the instant building.

B. On December 3, 2015, the Defendant notified the Plaintiff of the termination of the lease agreement on the ground that the Plaintiff was in arrears with the portion of September 1, 2015, October 10, and November 11, 2015, and filed a lawsuit against the Plaintiff seeking delivery of the instant building to Seoul Northern District Court 2016No3499.

On August 10, 2016, the above court rejected the Plaintiff’s assertion that “the Plaintiff intended to apply for the registration of the business of the instant building as its place of business, but the Defendant rejected it, and even though the Defendant refused to demand repair due to the severe malodor in the instant building, the Defendant refused to pay it,” and rendered a judgment in favor of the Defendant.

Therefore, the appeal and appeal were all dismissed, and the above judgment became final and conclusive.

[Ground of recognition] Facts without dispute, Gap evidence 5, 7 evidence, Eul evidence 1 to 3, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) obstructed or rejected the Defendant’s registration of the Plaintiff in the name of the Plaintiff on the instant building, and the Plaintiff was unable to conduct its business against the customers who want to settle by means of the card. 2) The Defendant aggravated the Plaintiff’s health condition and obstructed the Plaintiff’s business by normally manipulating the purification tank circulation system installed in the instant building, thereby causing malodor to the instant building.

3) The Defendant: (a) prepared a letter of legal lease agreement; and (b) required the Plaintiff to affix the certificate of 50,000,000 won which the Plaintiff did not borrow; (c) on the same ground, the Plaintiff incurred operating losses of KRW 50,00 per day during the period from January 3, 2008 to September 10, 2015.