1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. C (hereinafter “C”) purchased 401 of the D Building in Boan-si on June 20, 2014 (hereinafter “instant shopping mall”) in a voluntary auction procedure and completed the registration of ownership transfer on the same day.

B. On March 5, 2015, C leased the instant commercial building to the Plaintiff, a representative director at the time of March 10, 2015, from March 10, 2015 to March 10, 2020, KRW 50 million, and KRW 10 million per month of rent.

From the following (hereinafter “instant lease agreement”). C.

On December 2, 2016, the Defendant purchased the instant commercial building from the Hongsung Branch E Voluntary Auction Procedure (hereinafter “instant voluntary Auction Procedure”) to Daejeon District Court and completed the registration of ownership transfer on the same day.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 5 evidence, purport of the whole pleadings

2. The gist of the Plaintiff’s assertion was to carry out soup a set of expenses equivalent to KRW 1,210,682,00 for operating a soup in the instant commercial building.

The above costs constitute necessary or beneficial costs for the commercial building of this case, and the plaintiff shall exercise the right of retention and the right of reimbursement against the defendant who succeeded to the right of retention and the obligation of reimbursement.

The facilities, such as the 4th floor mechanical room, yellow soil room, bail room, salt room, and ice room, which the Plaintiff attached to the instant commercial building by doing so, were excluded from the sale subject to the auction procedure of the instant case.

The Defendant, as a successful bidder in the auction procedure of this case, bears the obligation to purchase the appurtenances to the above facilities, and thus, requests the Defendant to purchase the accessories.

3. Determination

A. In the event of the opposing power in the first lease decision as to the claim for reimbursement of expenses, the new owner succeeds to the status of the lessor, and thus the lessee may claim reimbursement of expenses to the new owner pursuant to Article 626 of the Civil Code, but in the absence of opposing power, only the former owner may claim reimbursement of expenses, and the new owner may claim reimbursement of expenses