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1. Each of the claims of the plaintiff and the plaintiff succeeding intervenor are dismissed.
2. The costs of litigation are assessed against the Plaintiff and the Intervenor succeeding to the Plaintiff.
Reasons
1. Basic facts
A. Among the main complex buildings with the 5th underground level and the 19th floor above ground level, the commercial buildings with the 19th floor above ground level (hereinafter “instant commercial buildings”) installed floor boundary marks, partitions or walls, building number signs, etc. in line with the sectional ownership of the buyers at the time of opening August 2001.
B. During the period from August 15, 2002 to September 15, 2002, the representative director E of D, who acquired the right of facility management and lease agency of the instant commercial building, removed all internal facilities, such as partitions, ceiling, floor, and toilet, etc. of the instant commercial building from August 15, 2002 to September 15, 202, and installed private rain (hereinafter “instant private rain”) on the fourth and fifth floor of the instant commercial building.
C. Since January 2005 to July 2005, F, who was delegated by E with the authority to manage and rent the instant commercial building, was prepared and delivered a written consent to delegate all of the sectional owners of the 4th and 5th floor of the instant commercial building including G, with respect to the operation of the store under their sectional ownership, and H Co., Ltd. established H Co., Ltd.; on December 22, 2005, the said company leased all the 4 and 5th floor of the instant commercial building to G as private.
① On August 13, 2008, the Defendant entered into a lease agreement with I on the condition that the Defendant would lease a store located in part of the instant private house or part of the instant house (hereinafter referred to as “instant store”). ② On April 29, 2010, the Defendant succeeded to the status of F as a lessor of the instant lease agreement: (i) the Plaintiff succeeded to the status of F as a lessor of the said lease agreement; (ii) the lease deposit was KRW 50 million; (iii) the rent was KRW 1,00,000; and (iv) the lease period was from April 29, 2010 to April 28, 201; and (v) the Defendant occupied and used the instant store.
(e) the J shall between F and F, J.