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1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff)
(a) annex.
Reasons
1. Basic facts
A. On January 4, 2016, the Plaintiff purchased real estate indicated in attached Form C (hereinafter “instant building”) and its site in KRW 520,000,000, and received the registration of ownership transfer on January 25, 2016.
B. The plaintiff was shot in C, and from September 27, 1997, the plaintiff resides with his family in the second floor of the building of this case from September 27, 1997 to the date.
[Ground of recognition] Facts without dispute, Gap evidence 2-1, 2, Gap evidence 7, Eul evidence 1, Eul evidence 3, the purport of the whole pleadings
2. Determination on the main claim
A. The Plaintiff’s assertion 1) On March 27, 2001, the Plaintiff entered into a lease agreement between C and the second floor of the instant building for KRW 80,000,000 and the period from March 27, 2011 (hereinafter “instant lease agreement”).
(2) On January 25, 2016, the Defendant acquired the ownership of the second floor of the instant building and succeeded to the lessor status of the instant lease contract from C. Since then, the Plaintiff and the Defendant agreed on the instant lease contract.
3) Therefore, the Defendant is obligated to pay the Plaintiff KRW 80,00,000 to the Plaintiff at the same time with the delivery of the second floor of the instant building from the Plaintiff. (b) Comprehensively taking account of the various circumstances seen below, the evidence submitted by the Plaintiff alone cannot be acknowledged that the instant lease contract was concluded between the Plaintiff and C. Therefore, the Plaintiff’s assertion based on such premise is without merit. (1) Although the Plaintiff submitted as evidence regarding the instant lease agreement, the period of the lease agreement was 40 years, the Plaintiff’s letter of evidence No. 1 was against the common sense, and all of the letters of evidence No. 1 written by the Plaintiff were written by the Plaintiff. The Plaintiff obtained the fixed date of the instant lease agreement from March 27, 2015, which was about 14 years after the date of its preparation under the instant lease agreement, and as such, the evidence No. 1 of the Plaintiff was set up. 1.