1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. The Defendant asserts to the effect that, on the premise that the Plaintiff is a lessee who leased the 1st floor of the rooftop (hereinafter “instant building”) among the real estate listed in the separate sheet No. D, the instant building is not the Plaintiff. However, the Defendant asserts to the effect that the instant lawsuit is unlawful as it was filed by a non-party, since the lease contract for the instant building was not the Plaintiff.

However, in a lawsuit for performance, the standing to be a party lies in a person who asserts that he/she has the right to demand performance, which is a subject matter of lawsuit, and whether the right to demand performance exists or not must be proved through a deliberation on the merits (see, e.g., Supreme Court Decision 2003Da44387, Oct. 7, 2005). Therefore, the defendant's prior defenses

2. Judgment on the merits

A. The Plaintiff’s assertion 1) The Plaintiff leased the instant building from D for the purpose of warehouse. Since C, the Plaintiff’s representative, upon receiving investment of KRW 250,00,00 from the Defendant for the Plaintiff’s business, offered convenience for the Defendant to use the instant building free of charge, it constitutes a loan for use without a fixed period, and since the Plaintiff terminated the said loan for use, the Defendant is obligated to deliver the instant building to the Plaintiff. 2) The Plaintiff’s assertion was not included in the leased object under the lease agreement concluded between D and C, which is the Plaintiff’s representative director, and the Plaintiff is not the Plaintiff, but rather the Defendant. 250,00,00,000, which the Defendant paid to C for the instant building.

The plaintiff.