임차권등기말소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. Paragraph (2) is a contract with Nonparty C and the Defendant, who represented the Plaintiff on the real estate indicated in the separate sheet for the conclusion of the instant lease agreement, as to the real estate indicated in the separate sheet for the execution of the instant lease agreement (hereinafter “instant real estate”) from June 29, 2014 to June 1, 2015, with the lease deposit of KRW 14,00,000, and with the special terms and conditions as to the lease deposit in the form of the lease, from June 29, 2014 to June 1, 2015, the lease deposit of KRW 14,00,000 and the lease deposit of KRW 2: C is delegated by the lessor’s agent. Paragraph (4) is a condition that the lessee has agreed to sublease, and the lessee has no objection, and the lessor (former representative C) entered into the lease agreement with the lessee by February 23, 2015 to the lease account (hereinafter “instant lease agreement”).
B. On July 27, 2015, the Defendant, upon filing an application for the order of lease registration on the instant real estate under the instant lease agreement, filed an application for the order of lease registration with the Suwon District Court on September 24, 2015, to register the lease right (hereinafter “instant lease registration”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 2 (including paper numbers; hereinafter the same shall apply), Eul evidence No. 1, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff and the Defendant did not conclude the instant lease agreement.
C also did not have the right to enter into a lease contract with the Defendant on behalf of the Plaintiff, and there was no fact that the Plaintiff was paid KRW 14,000,000 from the Defendant.
② The instant lease contract is not concluded in such normal form as the lessee concludes a sub-lease contract with a new lessee after the rent.
The defendant, from the beginning, is currently a tenant living in the real estate of this case, for the purpose of acquiring the monthly rent.