1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. On August 14, 2004, the Plaintiff concluded a lease agreement (hereinafter “instant lease agreement”) with the SP World Co., Ltd. (hereinafter “SP”) on the condition that the Plaintiff leases the second floor windowp (hereinafter “instant store”) of the real estate listed in the separate sheet (hereinafter “instant building”) owned by the Nonparty Company from the Nonparty Company, setting the lease deposit amount of KRW 100 million, and one year from the lease lease deposit date.

(4) In light of the above legal principles, in light of the above legal principles, the lessor of the instant lease agreement entered into a lease agreement under the name of the owner of the instant building site, such as managing the lessee by directly receiving the sales of the lessee of the instant building after the completion of the registration of ownership preservation on August 23, 2004. (2) The Plaintiff entered into the instant lease agreement, and around that time, paid KRW 100 million to the non-party company, received the instant store from the non-party company to receive KRW 100 million from the non-party company, and obtained the opposing power of the instant lease agreement from the director of the Incheon Tax Office by completing the registration of business to the director of the Incheon Tax Office on November 4, 2004.

③ After that, on June 28, 2005, the period of the instant lease agreement, the non-party company completed the registration of ownership transfer based on the trust on the same day to the Defendant, and the Plaintiff transferred the instant store to the Defendant around March 2006.

④ Accordingly, the object of the instant lease agreement is the instant building.