beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Dong-gu, Ulsan Metropolitan City (hereinafter “instant land”) is co-owned by Defendant B and E, and the Plaintiff entered into a lease agreement with Defendant B and E on November 13, 2001 with the intent to rent the instant land by making use of the name of G, which is the son of F, the Plaintiff was aware of, and wishing to rent the instant land with Defendant B on November 13, 2001, by making use of the name of G, the Plaintiff used to run a restaurant business on the instant land from October 31, 2001 to December 31, 2006.
According to the above lease agreement, G, the lessee, constructed a building on the ground of this case under the name of Defendant B and used it during the lease period, and then the lease period expires, G, the lessee, shall gratuitously transfer the building to Defendant B and E, and if Defendant B and E request the removal of the building, the building shall be immediately removed.
B. On January 14, 2002, the Plaintiff entered into a contract on the transfer of the instant land from G, and H, the Plaintiff’s wife, gave I a contract with 175,064,000 won for the construction of a new building on the instant land around January 2002. On June 10, 2002, the new building construction work was completed and obtained approval for use on June 21, 2002.
(hereinafter referred to as “instant building”). However, according to a lease agreement with Defendant B, the owner registration of the instant building was completed in the name of Defendant B and E.
C. On October 31, 2006, Defendant B and E entered into a lease agreement with H on the condition that the instant building is leased to H. According to the above lease agreement, the deposit was KRW 10,000,000, monthly rent was KRW 1,000, and the lease period was determined from October 31, 2006 to December 31, 2009. The property tax on the instant building was borne by Defendant B and E, and the cost of maintaining public charges and the building was borne by H.