1. The plaintiff's appeal is dismissed.

2. Of the appeal costs, the part pertaining to the participation in the appeal is the intervenor joining the Plaintiff.

1. Basic facts

A. On August 17, 2007, the Defendant leased from C the building indicated in the separate sheet, which is an unregistered building (hereinafter “instant building”) in the leased deposit amounting to KRW 2 million, monthly rent of KRW 200,000,000 (hereinafter “instant lease”), and operated a restaurant, etc. in the instant building.

B. On October 15, 2015, the Plaintiff purchased the instant building from C in KRW 38,750,000 (hereinafter “instant sales contract”); and as a special stipulation at the time of the said sales contract, the Plaintiff stipulated that “the seller shall enter into a contract on the condition that the present tenant will produce the present tenant.”

C. C asserted that the Defendant did not pay the monthly rent for 32 months, and that the Defendant did not pay the monthly rent for the 32-month period. On October 19, 2015 and December 7, 2015, C notified the Defendant of the payment of monthly rent and the scheduled legal measure.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3 and 5 (including those with serial numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the cause of action

A. (1) The Plaintiff succeeded to the status of the lessor of the instant lease by purchasing the instant building from C, and terminated the lease contract on the grounds of overdue rent for not less than three months. The lease deposit of the instant case does not remain if deducted from unpaid rent. Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff.

(2) The Defendant is obligated to pay unpaid rent of KRW 1.8 million (=200,000 x 9 months) from October 15, 2015 to July 15, 2016 when the Plaintiff purchased the instant building and delay damages therefrom.

B. (1) First, when the Plaintiff seeks to terminate the instant lease agreement against the Defendant, it should be proven that the Plaintiff succeeded to the status of the lessor from C.

This is because, unless the plaintiff does not succeed to the status of the lessor, even if he notifies the defendant of the termination of the lease contract, it can not be a legitimate notification of termination.