The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On July 26, 2019, C entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on behalf of the owner of the instant building, setting the lease deposit amount of KRW 5,000,000, monthly rent of KRW 900,000 (after January 1), and from August 1, 2019 to August 1, 2021, with the term of lease fixed (hereinafter “instant lease agreement”).

B. C concluded the instant lease agreement on behalf of D with the Defendant, and stipulated that “All the powers pertaining to the leased building shall be delegated to the Plaintiff who manages the building, and the lessee shall be equal to the Plaintiff with the lessor.”

[Reasons for Recognition] The entry of Gap evidence No. 1 and the purport of the whole argument

2. The defendant asserts that the lawsuit of this case is unlawful due to the lack of qualification of the plaintiff, since he did not have the right to file the lawsuit of this case.

In the lawsuit of performance, the standing to be a party is a person who asserts that he/she has the right to demand performance, which is a subject matter of lawsuit, and whether there is the right to demand performance should be proved through the deliberation of

(See Supreme Court Decision 2003Da44387, 44394 delivered on October 7, 2005). The Plaintiff asserted that the right to claim the delivery of the building of this case and the right to claim the payment of damages equivalent to the rent or rent of the building of this case exists, and filed the lawsuit of this case, so the Plaintiff is qualified as the Plaintiff.

Therefore, the defendant's above assertion is without merit on a different premise.

3. Judgment on the merits

A. The Plaintiff’s assertion was delegated with the authority to manage and lease the building from the owner of the instant building.

The Defendant did not pay the rent at least once after the conclusion of the instant lease agreement.

Therefore, the defendant delivers the building of this case to the plaintiff, and the rent calculated by the ratio of KRW 900,000 per month from August 1, 2019 to the completion date of delivery of the building of this case.