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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. The facts following the facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in Gap evidence Nos. 1-1, 3, and 14.
A. On June 24, 2013, the Plaintiff purchased a building (hereinafter referred to as the building in this case, and the building in this case was combined with the building in this case and each of the real estate in this case) 60,000,00 won as of the date of the contract, 76,852,763 won as well as the wage liability attached to each of the instant real estate, and 363,793,665 won as to the Promotion Company and Seongbuk-gu, and 2,48,000,000 won as well as the collateral security liability established for each of the instant real estate and the collateral security liability for the real estate in this case as well as the real estate in paragraph (1) of the attached list of the above land, which are owned by ASEAN, from ASEAN petroleum. The Plaintiff purchased the building in this case (hereinafter referred to as the "building in this case"). The Plaintiff signed a sales contract with 63,793,665,000 won as to each of the instant real estate in this case.
B. On the other hand, on May 30, 2012, the Defendant entered into a lease agreement to lease the real estate specified in attached Table 2 (hereinafter “instant store”) from June 1, 2012 to December 31, 2013 among the instant building, with the term of lease fixed, and thereafter, operates a gas station at the instant store from around that time to the date of closing argument.
2. Although the defendant did not explicitly assert the following matters as a defense before the merits, if the claim is denied as to the preserved claim of the obligee which the plaintiff claims as the cause of the claim in this case, the plaintiff has no standing to exercise the obligee's subrogation right and the lawsuit in this case is unlawful. Therefore, the plaintiff is identified as a defense before the merits.