1. The defendant shall pay KRW 50 million to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

1. Facts of recognition (based on recognition: Facts without dispute, Gap evidence 1, evidence 3-2, 3, 4, evidence 4-1, 2, 3, Gap evidence 4-2, 6, 7, 8, 10, evidence 10, fact fact-finding, fact-finding, fact-finding, results of fact-finding, and purport of the whole pleadings of this court)

A. On March 17, 2004, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with respect to Nos. 4 (Dtel 1504, hereinafter “instant office”) of 15 stories (Dtel 1504, hereinafter “instant office”) outside Songpa-gu Seoul, Songpa-gu, Seoul, with the lease deposit amount of KRW 50 million and the lease term from March 17, 2004 to 24 months (hereinafter “instant lease agreement”).

B. On March 18, 2004, the Plaintiff paid KRW 50 million to B of the lease deposit under the instant lease agreement. Around that time, the Plaintiff received the delivery of the instant office and completed business registration (amended) on April 1, 2004 on the grounds that the location of the instant office was corrected to the instant office (after that, each business registration certificate (amended) was issued on October 13, 2008 and September 5, 2013) and began business at that place, and thereafter, the instant lease agreement was extended only under the same conditions.

C. On October 14, 201, the procedure of voluntary auction (hereinafter “instant auction procedure”) was initiated against the instant office on October 14, 201, and the Plaintiff did not demand distribution in the instant auction procedure, and thereafter, the Defendant completed the registration of ownership transfer for the instant office based on the sale by voluntary auction on July 29, 2013.

The office of this case was delivered to the defendant by compulsory execution on October 15, 2013.

2. Determination:

A. According to the above facts, the Plaintiff entered into the instant lease agreement with B, the owner of the instant office, and completed the business registration after receiving delivery of the instant office. Thus, the Plaintiff acquired the opposing power under Article 3(1) of the Commercial Building Lease Protection Act, and thereafter, the Defendant voluntarily auction against the instant office.