beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On February 18, 2013, C representing the Plaintiff entered into a lease agreement with the Defendant’s Intervenor’s broker, a licensed real estate agent, and with E representing D, with respect to Gtel’s “Partial 802 of eight stories” on the ground of the Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, and one parcel of land owned by D (hereinafter “instant officetel”), each lease agreement was concluded between KRW 65 million and the lease period from March 18, 2013 to March 18, 2015.
(hereinafter “instant lease agreement”). On the date of the contract, the Plaintiff paid the lessor the down payment of KRW 6.5 million, and paid the remainder KRW 58.5 million on March 18, 2013.
B. The instant officetel is one of the officetelss made by dividing the officetels registered in the name of Gtel 801 on a certified copy of the register intonets.
C. On February 21, 2013, the Plaintiff filed a move-in report with Gtel 802 and received a fixed date on the lease contract. Since then, on August 28, 2013, the Plaintiff corrected the moving-in address to Gtel 801 as “all No. 2 within 801,” and revised the leased part to “No. 801,” and received the fixed date on September 11, 2013 in the lease agreement again prepared.
At the time of the instant lease agreement, the following registration was completed:
During the period of December 6, 2011, the holder of the right to receive priority registration and other matters Gap's attachment No. 15 of the 15 of the 15 of the 201, the Han-gu 16 attachment No. 17 of the 17-Gu, Gwanak-gu, Seoul Special Metropolitan City on September 18, 2012, the claim amount of 6,939,663 of the 17-Gu provisional attachment No. 17 of the 17-gu, Seoul Special Metropolitan City on May 24, 2012, the creditor Hyundai Capital Co.,, Ltd., Ltd. and the 18-Gu Attachment No. 19 of the 19-Gu, Gwanak-gu, Seoul Special Metropolitan City on December 13, 2012, the 2nd mortgage No. 84,000,000,000 debtor bank No. 30-Ga 2,007, the debtor bank No. 2008-1,7,7. 2000.7.