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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Facts of recognition;
A. The Plaintiff leased the instant building, which he/she owned, to C, the Defendant’s trial money, KRW 100 million as lease deposit, KRW 2 million as monthly rent, and KRW 60 as of October 5, 1998.
After that, around 2001, the plaintiff and C entered into a new lease agreement on the building of this case with the lease deposit of KRW 100 million, monthly rent of KRW 1.3 million, the lease term of February 7, 2001 to KRW 36 months.
B. The lease agreement between the Plaintiff and C shall continue to be renewed, and the Plaintiff and C agreed to change the lessee’s name to the Defendant. On February 10, 2009, the Plaintiff entered into a lease agreement with the Defendant with the term of KRW 100 million, monthly rent of KRW 1300,000,000, and the term of lease from February 10, 2009 to February 10, 2010.
(hereinafter “instant lease agreement”). The instant lease agreement was renewed thereafter, and the monthly rent was increased to KRW 1.5 million from May 2010 to KRW 1.5 million.
C. Meanwhile, the instant building was sold to E and F in the voluntary auction procedure on January 28, 2015, and E and F completed the registration of ownership transfer on the same day.
【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 4, Eul Nos. 3 and 24 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. Determination as to the request for delivery of the building of this case
A. The Plaintiff’s assertion that the Plaintiff, as a lessor, terminated the instant lease agreement on the grounds that the Plaintiff was not the lessor and sought the delivery of the instant building, the Defendant asserts that the Plaintiff is no longer the owner of the instant building, and that the Plaintiff’s application for a real estate delivery order filed by the new owner E and F against the Defendant as the lessor was accepted on June 23, 2015, and thus, the Plaintiff is no longer eligible.
B. In a lawsuit for the performance of the market, the standing to be a party is the person who asserts that he/she has the right to demand performance, which is the subject matter of the lawsuit.