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1. The part concerning the claim for confirmation of existence of the right of lease among the lawsuits in this case shall be dismissed.
2. The defendant shall list the plaintiffs in annexed sheet.
Reasons
1. Basic facts
A. The Plaintiffs seek to transfer the land indicated in attached Table No. 1 (hereinafter “instant land”) and the instant land building (hereinafter “the Plaintiff of the instant building”) on a 89.04 square meters and underground floor 107.04 square meters among the instant buildings, and the attached Table No. 2 refers to the part for which the Plaintiff seeks to transfer the instant building among the instant buildings.” The Plaintiff is the part for which the Plaintiff seeks to claim delivery. The instant land and the instant building are combined with each of the instant buildings. The Plaintiff was determined as the purchaser of each of the instant real estate in the voluntary auction procedure (Seoul Central District Court D; hereinafter “instant auction procedure”) for the instant land and the instant building, and completed the registration of ownership transfer as to the 1/2 shares of each of the instant real estate on December 23, 2015, after paying the sale price on December 7, 2016.
B. In the instant auction procedure, the Defendant submitted a report on the right and a written application for demand for distribution, stating that the Defendant leased all the remaining buildings of the instant building with the deposit for lease amounting to KRW 7.5 million, excluding one square meter for the second floor among the instant buildings.
C. The Defendant is currently occupying the first floor and underground floors (attached Form No. 2; hereinafter the same shall apply) of the instant land and the instant building, while residing with his/her family members, in each of the instant real estate, and occupying the Defendant’s occupied portion of each of the instant real estate.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 3, 5, and 7, the purport of the whole pleadings
2. Determination as to the legitimacy of the part of the claim for confirmation of existence of the right of lease among the lawsuit in this case
A. The Plaintiffs seek confirmation of the existence of the right of lease against the Defendant on the ground that the Defendant refused to return the real estate possessed in the instant case by asserting a false lease relationship.
B. In a suit for confirmation, there must be the benefit of confirmation as a requirement for the protection of rights, and the benefit of confirmation is disputed between the parties as to the legal relationship subject to it, and accordingly, the plaintiff.