임차권부존재확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Seoul Central District Court B of Seoul with respect to the real estate indicated in the Plaintiff’s assertion that the auction procedure is in progress. The Defendant asserted that the claim for the refund of the lease deposit with the second floor of KRW 93.62 square meters (hereinafter “the real estate of this case”) among the real estate indicated in the separate sheet among the real estate indicated in the separate sheet and filed a report on the right and demand a distribution as the lessee. The Defendant is merely the most lessee, and the existence of the lessee who may oppose the buyer is not directly affected by the bid of the applicant for the purchase and the decision on the purchase price. Therefore, the Plaintiff who acquired the right to collateral security claim established in the separate sheet against the Defendant does not have the right to lease.
2. Each statement of Gap evidence Nos. 1 through 9 alone is insufficient to acknowledge the fact that the defendant is the most lessee, and there is no other evidence to prove it otherwise.
Rather, according to the statements in Eul evidence Nos. 1 through 5 and witness C, D, and E testimony, the defendant concluded a lease contract with regard to the real estate of this case on February 11, 2007 by setting the lease deposit of KRW 70 million and the lease deposit of this case for the period of 24 months. The defendant paid all of the lease deposit around that time. Since the defendant can be acknowledged that he occupied and used the real estate of this case by implied renewal of the above lease contract after then, the plaintiff's assertion is without merit.
3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit.