1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. On December 23, 201, the registration of ownership transfer in the name of C was completed on the building indicated in the separate list of basic facts, and on March 11, 2016, the registration of ownership transfer was completed on the ground of sale due to voluntary auction in the name of the Defendant on the same date.

[Ground of recognition] The fact that there is no dispute, Gap's evidence, and the purport of whole pleading

2. Summary of the parties' arguments

A. On December 3, 2011, the Plaintiff leased a deposit of 163.8 square meters on the first floor among the above buildings from C to December 12, 201, with a fixed period of 50,000,000, and from December 13, 2011 to December 12, 2016. The Plaintiff paid the deposit and completed the business registration with the trade name "D restaurant" on December 20, 201 after receiving delivery of 163.8 square meters on the first floor among the above buildings. The Defendant, the assignee of the above building, succeeds to the lessor’s status, and the above lease agreement becomes null and void, the Defendant should return the said deposit to the Plaintiff at the same time with the volume of 163.8 square meters on the first floor among the above buildings, and simultaneously return the said deposit to the Plaintiff.

B. The plaintiff is only the most recent tenant of the defendant C.

3. The registration of business, which is defined as the requirement for opposing power along with the delivery of a building under Article 3(1) of the Commercial Building Lease Protection Act, is prepared as a public announcement method that enables a third party to clearly recognize the existence of the right of lease for the safety of transaction.

Therefore, whether a business operator has an effect of disclosing a lease should be determined according to whether the business operator who has leased the lease building in question has a business operator's place of business due to his business registration under the general social norms.

Meanwhile, according to Article 4 of the Commercial Building Lease Protection Act, Article 3 of the Enforcement Decree thereof, Article 5 of the Value-Added Tax Act, and Article 7 of the Enforcement Decree thereof, where a business operator rents part of a commercial building, he/she shall attach drawings of the relevant part to the business registration application, and interested parties shall be entitled to lease.