1. The judgment of the first instance, including the Plaintiff’s claim extended and reduced in the appellate court, shall be modified as follows.

1. Basic facts

A. The F Co., Ltd. (hereinafter “F”) is the seller of the eight-story underground and the fifteen-story A commercial building (hereinafter “instant commercial building”) located in Gwanak-gu in Seoul Special Metropolitan City. Unlike the original design drawing at the time of the sale, the F, unlike the original design drawing, divided ownership of the 565 unit of sales facilities from the 2nd to the 5th above ground level, combined with the section of exclusive ownership and the passage passage around the shop that is the section of exclusive ownership, by disregarding the boundary of the exclusive ownership

(hereinafter “instant mixed use”). (b)

The Plaintiff is a management body established in accordance with the Act on Ownership and Management of Condominium Buildings (hereinafter “Aggregate Buildings Act”) with respect to the instant commercial building.

C. On June 30, 2006, the Defendant Company entered into a lease agreement with F, the owner of the instant commercial building, to lease the entire sales facilities in the instant commercial building (hereinafter “instant lease agreement”) and run shopping malls in the instant commercial building.

Defendant B succeeded to the lessor status of F in relation to the Defendant Company under the instant lease agreement, where Defendant B sold the instant 3rd floor H (hereinafter “the instant 3rd floor store”) from F, and Defendant C sold the instant 5th floor store (hereinafter “the instant 5th floor store”) from F, and the instant 3rd floor store and the instant 5th floor store were completed the registration of ownership transfer around September 2006.

E. In the appellate trial of the lawsuit for the cancellation of the store name lawsuit filed by Defendant B against the Defendant Company (Seoul Central District Court 2013Na14032), the judgment was rendered that the lease contract between Defendant B and the Defendant Company was terminated on August 31, 2012, and that “the Defendant Company shall deliver the three-story store at the same time as receiving the lease deposit from Defendant B.”

Therefore, although the defendant company appealed, the judgment was finalized by dismissal of appeal.

(Supreme Court Decision 2014Da14122).