전부금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. Nonparty Company B (hereinafter “B”) leased and used No. 701, 430 square meters (including the shared area) among the land buildings other than Seocho-gu Seoul Metropolitan Government (hereinafter “instant building”) and concluded a lease contract between D and D on May 30, 2013 by setting the lease deposit of KRW 75 million, monthly rent of KRW 71 million, and the lease period from June 1, 2013 to May 31, 2014.
B. On August 12, 2015, the Defendant purchased the instant building and completed the registration of ownership transfer on October 19, 2015.
C. On October 20, 2015, the Defendant: (a) concluded a lease contract (hereinafter “instant lease contract”) with B, a lessee, setting the lease deposit of KRW 75 million, monthly rent of KRW 710,000,000, and the lease term from November 1, 2015 to October 31, 2016; and (b) entered into a new lease contract (hereinafter “instant lease contract”) at the time of the lease agreement, stating that “The lessee may continue to use the floor and lake even during the lease term, even during the lease term.”
On April 23, 2016, B entered into a lease agreement between the Defendant and the Defendant on April 23, 2016, setting the lease deposit amount of KRW 75 million, monthly rent of KRW 75 million, and the lease term of KRW 71 million from April 24, 2016 to April 23, 2019, and the said lease agreement stipulates, “The original contract (No. 701) shall be transferred to the original contract.”
(hereinafter referred to as the “instant modified contract”). E
Around March 2009, the Defendant’s Intervenor, a management company of the instant building, concluded a management contract with B on the building No. 701, and concluded a building management agreement with B on the condition that management expenses of KRW 3,250,000 (the value-added tax should be increased to KRW 3,640,000 per month thereafter) should be paid each month.
(2) At the time, the representative director of the Intervenor joining the Defendant was D).