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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. Facts of recognition;
A. The Plaintiff and the Defendant are co-owners of the Dong-gu, Gwangju, Gwangju, 101 Commercial Building No. 101 (hereinafter “instant building”), and E was a lessee of the said building No. 101-1 (hereinafter “instant store”).
B. On March 7, 2008, the Plaintiff, the Defendant, etc. completed the registration of preservation of ownership of the instant building as follows, and the subsequent process of change of ownership is as follows.
1F (6/34), GH, I, J, K, and Plaintiff on October 2, 2010 (6/238 respectively) L on April 22, 2011 (6/238) acquisition by the Plaintiff on May 18, 2015, the remainder of the acquisition by the Plaintiff on May 7, 2015 (H, I, K, K, and 34/2 G (6/234/34) owned by the Plaintiff on April 22, 2015 (3/4) by the Plaintiff on May 26, 2015) 3/2 G (34/438, respectively) owned by the Plaintiff on April 22, 2011 by the Plaintiff on April 34, 2015 (3/46/47) owned by the Plaintiff on April 27, 2015).
C. E, before 1996, leased the instant store from F (the Plaintiff and the Defendant’s mother’s mother) managing the instant building and began to possess and use the instant store upon delivery.
around 196, the defendant had managed the building of this case following F, and on April 16, 1997, the following lease agreements were made between the plaintiff, the defendant and E:
The lessor of a store lease contract: B (Defendant) lessee: The lessor and the lessee mentioned above are entering into a lease contract under the following conditions:
01. Indication of stores: