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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. (1) On November 3, 2006, the Defendant: (a) leased “4 partitions and 2 partitions of Han-ro room” in the annexed real estate display building (hereinafter “H building”) as the lease deposit amounting to KRW 27 million; and (b) on May 9, 2012, the Plaintiff succeeded to the lessor’s status by purchasing H building on May 24, 2012 and completing the registration of ownership transfer on May 24, 2012.
(이하 ‘이 사건 임대차계약’이라 한다). ⑵ 피고는 위 임차목적물의 일부인 H 건물 중 별지 도면 표시 9, 10, 11, 12, 13, 14, 15, 16, 9의 각 점을 순차로 연결한 선내 ㈏부분 30㎡(이하 ‘이 사건 건물’이라 한다)를 점유하면서 그곳에서 ‘D’라는 사찰을 운영하고 있다.
B. (i) On June 3, 2011, the Plaintiff purchased No. 2 (hereinafter “E building”) of Dobong-gu Seoul Metropolitan Government E underground floor from I, and completed the registration of ownership transfer on June 28, 201 (the real estate sales contract between the Plaintiff and I and the copy of the register on the said building are stated as the purchase price and transaction price of KRW 140 million). Since then, on June 29, 201, the Plaintiff leased the said building to F by setting the lease deposit amount of KRW 25 million, the lease term of KRW 25 million, and the lease term of the said building to June 28, 2013.
On November 10, 2012, the Plaintiff entered into a sales contract for the building E with the Defendant [the sales contract (Evidence A No. 3) written by mutual agreement without the involvement of the broker], stating, “The sales price of KRW 140 million shall be paid and received at the time of the contract, and the balance of KRW 130 million shall be paid at December 12, 2012, in contrast to the actual agreement between the original Defendant,” and the Defendant, which entered into a sales contract for the building “the sale price of KRW 140 million shall be paid and received at the time of the contract, and the balance of KRW 130 million shall be paid in December 12, 2012.” However, as to the reasons stated differently from the actual agreement, the Plaintiff and the Defendant
hereinafter “instant sales contract”).